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Full text of "North Carolina Register v.10 no. 20 (1/16/1996)"



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NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 20 • Pages 2587 - 2682 
January 16, 1996 



IN THIS ISSUE 

Executive Orders 

Environment, Health, and Natural Resources 

Human Resources 

Revenue 

List of Rules Codified 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2761 1-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



gft !^= if* 5f 3 */**fF^ 



JAN 19 1996 

LAW LIBRAR.Y 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



I 



* 



I 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 P Issue 20 



> 



January 1 6, 1 396 



This issue contains documents officially 
filed through December 20, 1995. 



EXECUTIVE ORDERS 

Executive Orders 90-92 . 



2587-2590 



II. RULE-MAKING PROCEEDINGS 

Environment, Health, and Natural Resources 

Environmental Management 



2591 - 2592 



HI. TEMPORARY RULES 
Human Resources 

Child Day Care Commission 2593 - 2597 

Social Services Commission - Individual and 

and Family Support 2597 - 2599 

Revenue 
Departmental Rules 2599 - 2601 

IV. LIST OF RULES CODIFIED 2602-2617 

V. RRC OBJECTIONS 2618-2627 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann UJ, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 2628 - 2645 

Text of Selected Decisions 

95 DOJ 0726 2646 - 2650 

95 EHR 031 1 2651 - 2655 

95 EHR 0437 2651 - 2655 

VII. CUMULATIVE INDEX 2657-2682 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 90 

ESTABLISHMENT OF WORKFORCE 

DEVELOPMENT BOARDS 

WHEREAS. North Carolina needs a competitive 
workforce to compete in the global economy; and 

WHEREAS, North Carolina must ensure signifi- 
cant improvements in the quality and quantity of its educa- 
tional and training programs to attain and maintain a world- 
class workforce; and 

WHEREAS, the private sector, along with the 
workforce development agencies must lead North Carolina's 
efforts to develop an integrated workforce development 
system; and 

WHEREAS, private sector led Workforce Devel- 
opment Boards can serve as vital local bodies which can 
provide comprehensive and integrated policy guidance for 
all publicly funded workforce development services; and 

WHEREAS, Workforce Development Boards can 
also play an invaluable role in mobilizing and encouraging 
investments by North Carolina employers and citizens in 
skill upgrading and lifelong learning so that our state's 
workforce remains an internationally competitive asset; and 

WHEREAS, the United States Department of 
Labor has granted the State of North Carolina funding to 
implement a one-stop career center system; and 

WHEREAS, the local governance body for the 
One Stop Career Centers in North Carolina will be private 
sector led Workforce Development Boards in collaboration 
with State and local education, employment, and training 
agency partners; 

NOW THEREFORE, by the authority vested in 
me as Governor by the Constitution and laws of North 
Carolina and the United States, it is ORDERED: 

Section 1. ESTABLISHMENT. 

A. The Private Industry Councils (PICs) operating 
in the sub-state service delivery areas under provisions of 
the Federal Job Training Partnership Act are hereby 
designated and established as North Carolina's local or 
regional Workforce Development Boards for continuing 
purposes of the Federal Job Training Partnership Act and as 
the governance boards for the One Stop Career Centers to 
be established under North Carolina's One Stop Career 
Center system. Additionally, to achieve coordination with 
statewide economic development planning and policy, local 
or regional Workforce Development Boards will be linked 
with the appropriate region(s) of the North Carolina Partner- 
ship for Economic Development. 

B. The local or regional Workforce Development 



Boards designated and established under the powers of this 
Executive Order are considered an interim step until the 
issues of sub-state service areas and local or regional 
planning and governance boards are addressed by pending 
Federal workforce development "block grant" legislation. 

Section 2. MEMBERSHIP. 

A. Membership of Workforce Development Boards 
shall be as specified under Section 102 of the Federal Job 
Training Partnership Act. 

B. Procedures for nominations, appointments, and 
terms of office shall be under the provisions of Section 102 
of the Federal Job Training Partnership Act, and continue 
the requirement to have a private sector chair and at least 
51% of its membership from private sector employers. 
Local elected officials shall continue in their role of appoint- 
ing authority as specified in the Federal Job Training 
Partnership Act. 

C. Membership of currently existing Private 
Industry Councils will be certified as being in accordance 
with the provisions of the Federal Job Training Partnership 
Act by the Commission on Workforce Preparedness prior to 
designation of existing Private Industry Councils as 
Workforce Development Boards. 

D. Chairperson, officers, and organizations shall 
be as specified under provisions of the Federal Job Training 
Partnership Act and under the locally developed workplans 
to address the functions and purposes of the organization. 

Section 3. DUTIES AND RESPONSIBILITIES. 

A. Duties and responsibilities of the local or 
regional Workforce Development Boards are as follows: 

1 . Plan and oversee the delivery of all 
workforce development programs specified as 
responsibilities of the Private Industry Councils 
under the Federal Job Training Partnership Act and 
of North Carolina's One Stop Career Center 
system; 

2. Advise local elected officials, employ- 
ers, local education agencies, and community 
colleges, State and local employment and training 
agencies and citizens about policy, programs and 
other information relative to their service area 
workforce; 

3 . Serve as a point of contact for busi- 
ness, industry, and the public sector to communi- 
cate their workforce needs; 

4. Develop a local plan in coordination 
with appropriate community partners that addresses 
the workforce development needs of their service 
area, which is responsive to the goals, objectives, 
and performance standards established by the 
Governor; 

5. Collaborate with the local JobReady 
Council(s), local education agencies and local 
community colleges in the development of school- 
to-work plans; 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2587 



EXECUTIVE ORDERS 



6. Review and approve local Job Ready 
plans for submission to the State JobReady Partner- 
ship Council; 

7. Develop industry or sector cluster 
analysis in order to set training priorities in the 
service area; 

8. Charter career centers, monitor activi- 
ties, and evaluate the performance of the career 
centers, programs, and activities; and 

9. Develop linkages with regional and 
local economic development efforts and activities in 
the service area and promote cooperation and 
coordination among public organizations, commu- 
nity organizations, education agencies and private 
businesses. 

B. Workforce Development Boards shall not 
operate or manage One-Stop Career Centers but shall serve 
in the role of governance providing planning, monitoring, 
evaluation, and oversight. 

Section 4. WORKFORCE DEVELOPMENT 
PROGRAMS. 

A. In addition to the duties, responsibilities, and 
authority identified in the Federal Job Training Partnership 
Act, under authority of this Executive Order, local or 
regional Workforce Development Boards, with private 
sector and key agency partners represented, will have 
planning and oversight responsibilities for the following 
programs and activities when and where operated in one 
stop career centers: programs of the Job Training Partner- 
ship Act, the Employment Service, the Work First (JOBS) 
welfare training and placement programs, the Food Stamp 
Employment and Training Program, the Older Americans 
Act Job Training and Employment Program, Vocational 
Rehabilitation programs, and the JobReady school to work 
programs. 

B. The authority granted under this section does 
not give local or regional Workforce Development Boards 
any direct authority or control over workforce development 
funds and programs in the service area other than programs 
specifically identified as under the provisions of section 4-A 
of the Executive Order. 

Section 5. COOPERATION OF STATE AGENCIES. 

A. All state agencies and their local service 
delivery entities shall cooperate with the Commission on 
Workforce Preparedness and the local or regional 
Workforce Development Boards as this local governance 
process is implemented. Also, the Commission on 
Workforce Preparedness shall cooperate with all State and 
local employment and training agencies in implementation 
of this local governance structure. 

B. Community colleges and Workforce Develop- 
ment Boards shall coordinate in planning, design, and 
delivery of vocational, technical, and basic skill education 
and training for clients referred from One Stop Career 
Centers. 



Section 6. ADMINISTRATION AND EXPENSES. 

The operating budget for professional and administrative 
support to local or regional Workforce Development Boards 
shall derive from the current Federal Job Training Partner- 
ship Act, as is now the method for supporting the Private 
Industry Councils, and from additional funding sources 
identified from the federal and state participating programs 
and agencies in the area one stop career centers. Therefore, 
it is anticipated that after transitioning into Workforce 
Development Boards, multiple funding sources derived from 
the federal and state workforce development programs will 
be available for professional and administrative support of 
the Workforce Development Boards. 

This Executive Order shall become effective 
immediately, and shall remain effective until superseded by 
subsequent federal or state legislation or a new Executive 
Order. 

Done in the Capital City of Raleigh, North Carolina 
this 5th day of December, 1995. 

EXECUTrVE ORDER NO. 91 
PERSIAN GULF WAR MEMORIAL COMMISSION 

WHEREAS, the purposes of the Commission 
established by Executive Order No. 33 have been fulfilled; 
and 

WHEREAS, a new Commission is needed to 
establish memorials to the fighting men and women of North 
Carolina who served admirably in the Persian Gulf War; 

NOW, THEREFORE, by the power vested in me 
as Governor by the Constitution and laws of North Carolina, 
rr IS ORDERED: 

Section h Establishment and Membership. 

There is hereby established the Persian Gulf War 
Memorial Commission whose membership shall consist of: 

A. Two (2) persons appointed by the Gover- 
nor upon the recommendation of the 
Speaker of the House of Representatives; 

B. Two (2) persons appointed by the Gover- 
nor upon the recommendation of the Pres- 
ident Pro Tempore of the Senate; 

C. Five (5) persons appointed by the Gover- 
nor including one representative of the 
N.C. Desert Storm Memorial Foundation; 
and 

D. One (1) representative of the Department 
of Cultural Resources, one (1) representa- 
tive of the Division of Veterans Affairs of 
the Department of Administration, and 
one (1) representative of the State Capitol 
Planning Commission appointed by the 
Governor as non-voting ex-officio mem- 



2588 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



EXECUTIVE ORDERS 



bers. 
The members of the Commission shall serve for the 
life of the Commission. From among the membership, the 
Governor shall appoint the Chair. The Commission shall 
meet at the call of the Chair. Procedures involving the 
existence of a quorum and the filling of vacant seats shall be 
governed by N.C.G.S. 143B-133. No person shall be 
appointed to the Commission if he or she currently holds a 
state-level elected office or is a member of the Governor's 
cabinet. 



drivers are more than 3 times more likely to crash; and 

WHEREAS, traffic crashes are the leading cause 
of permanent injury and fatalities to young adults in the 
State of North Carolina, and 

WHEREAS, the human suffering and loss endured 
by those involved in crashes and vehicular deaths involving 
the newly licensed driver can be lessened by programs 
designed to target those young adults, and 



Section "L Purpose. 

The Commission shall create a design for the 
construction of a Persian Gulf War Memorial, and make 
recommendations on site selection and funding sources. The 
Commission shall study the concept of a state veterans park 
located outside the Raleigh area and recommend plans for 
design, location, and funding. The Commission shall issue 
a final report by March 15, 1996. 

Section 3± Administration. 

Administrative support for the Commission shall be 
provided by the Department of Administration. There shall 
be no per diem paid to members of the Commission; 
however, necessary travel and subsistence allowance may be 
paid in accordance with state law and availability of funds. 

Section 4^ Rescission. 

Executive Order No. 33 (Persian Gulf War Memo- 
rial Commission) dated November 10, 1993, and Executive 
Order No. 82 dated July 27, 1995 are hereby rescinded. 
All of the Commission's files, records, etc., shall be 
transferred to the successor Commission created herein. 

This Order shall be effective immediately. 

Done in Raleigh, North Carolina, this the 13th day 
of December, 1995. 

EXECUTIVE ORDER NO. 92 
COUNCIL FOR YOUNG ADULT DRIVERS 

WHEREAS, a significant number of traffic related 
injuries and fatalities involve young adults who have 
recently become licensed drivers; and 

WHEREAS, injury producing crashes by young 
adult drivers result in total comprehensive costs to the State 
of North Carolina of over 400 million dollars annually; and 

WHEREAS, drivers under the age of 21 are over 
represented in all categories of crashes, injuries, and 
fatalities; and 

WHEREAS, in North Carolina, 16-year-old 
drivers are nearly 5 times more likely to be involved in a 
vehicle crash than adults age 25 and older, and 17-year-old 



WHEREAS, if North Carolina is to succeed in 
reaching youthful drivers with educational and awareness 
messages of driving safety, we must first draw from North 
Carolina communities the members of that age group who 
can guide and direct us in creating and structuring the 
message to be relevant to that audience, and 

WHEREAS, a grassroots effort guided by regional 
and statewide councils made up of young adults and mem- 
bers of relevant state agencies, can be effective in guiding 
efforts directed at improving driving safety and awareness 
of youthful drivers. 

NOW, THEREFORE, by the authority vested in 
me as Governor by the laws and Constitution of the State of 
North Carolina IT IS ORDERED: 

Section L Establishment. 

The Governor's Council for Young Adult Drivers 
is established. The Council shall be an advisory committee 
to the Governor's Highway Safety Commission. The 
Council shall be composed of not more than twenty-five 
members appointed by the Governor to serve at the pleasure 
of the Governor plus up to six members elected annually by 
the regional councils authorized by this order. Members of 
the Council shall consist of students and young adults 
selected from those who have demonstrated an interest in 
promoting the safety and well-being of their peers by 
reducing the devastation and human suffering due to 
automobile crashes. Members will be charged with re- 
searching and presenting the views of young adults from 
within their respective school district representing the 
geographical areas of the state. Members of the Council 
shall also be appointed to represent several state agencies 
having the responsibility to assist in the education of 
youthful drivers. The Governor shall designate one of the 
members as Chair and one as Vice Chair. 

Section 2^ Regional Councils. 

The Council shall have the authority to establish up 
to six regional councils, made up of student members from 
each of the respective school districts within the regions, to 
promote efforts of increasing awareness for highway safety 
topics, and in drawing community input. The Council shall 
have the power to select the appropriate number of delegates 
to serve as members of the regional councils. Each regional 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2589 



EXECUTIVE ORDERS 



council shall have the power to select one delegate to serve 
on the Council board. 

Section 3± Duties. 

Through coordination with the school districts and 
the regional councils, the Council shall research and 
evaluate the problems of young adult automobile crashes as 
directed by the board and return recommendations and 
program suggestions designed to reduce automobile crashes, 
injuries and fatalities among young drivers. The Council 
shall review and select from recommendations, programs 
and suggestions to establish the guidelines, direction and 
curricula designed to promote safe driving by young adult 
drivers in North Carolina. The Council shall issue its 
recommendations annually, providing those to the Governor, 
the Speaker of the North Carolina House of Representatives, 
the President Pro-Tempore of the North Carolina Senate and 
the Chairman of the North Carolina State Board of Educa- 
tion and the Governor's Highway Safety Commission. Once 
approved, the programs and recommendations presented to 



the Governor shall be distributed as the official State of 
North Carolina Young Adult Traffic Safety Plan. 

Section 4^ Administration and Expenses. 

Members shall receive no remuneration for their 
services. Funds for operating the Council shall be made 
available from funds authorized by the Governor's Highway 
Safety Program. The Youth Traffic Safety Coordinator of 
the Governor's Highway Safety Program shall serve as staff 
director of the Council. All state agencies are hereby 
directed to provide such assistance as shall be required by 
the Council to the end that the purpose of this executive 
order may be effectuated. 

This Order is effective immediately. 

Done in Raleigh, this the 13th day of December, 
1995. 



2590 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RULE-MAKING PROCEEDINGS 



TITLE 15A - DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2L - GROUNDWATER CLASSIFICATION AND STANDARDS 

SECTION .0200 - CLASSD7ICATIONS AND GROUNDWATER QUALITY STANDARDS 

Notice of Rule-making Proceedings is hereby given by the Environmental Management Commission in accordance with 
G.S. 150B-21.2(b). The agency shall subsequently publish in the Register the text of the rule(s) it proposes to adopt 
as a result of this notice of rule-making proceedings and any comments received on this notice. 

Rule Citation: 15 A NCAC 2L .0202 

Statutory Authority for the rule-making: G.S. 143-214.1; 143B-282(a)(2) 

Statement of the Subject Matter: 15A NCAC 2L .0202 - GROUNDWATER QUALITY STANDARDS; (EIGHTEEN 
CHEMICALS) 

The amendment to 15A NCAC 2L .0202 proposes that the Groundwater Quality Standards for these substances in Class GA 
and Class GSA groundwaters be established as follows: 



SUBSTANCE 



CONCENTRATION 



Acenaphthene. 0.08 milligrams/Liter 

Acenaphthylene 0.21 milligrams/Liter 

Anthracene. 2.10 milligrams/Liter 

Atrazine 0.0030 milligrams/Liter 

Benzo(a)anthracene 0.0000479 milligrams/Liter 

Benzo(g,h,i)perylene 0.21 milligrams/Liter 

Bromodichloromethane. 0.00056 milligrams/Liter 

Caprolactam. 3.5 milligrams/Liter 

Carbon. Disulfide. 0.7 milligrams/Liter 

Chloxoerhane 2. 80 milligrams/Liter 

Chrysene. 0.00479 milligrams/Liter 

1,3-Dichloropropene (cis and trans isomers) 0.00019 milligrams/Liter 

Diphenyl 0.35 milligrams/Liter 

Fluoranthene. 0.28 milligrams/Liter 

Isopropyl. Ether 0.07 milligrams/Liter 

Methanol 3.5 milligrams/Liter 

Pyrene 0.21 milligrams/Liter 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2591 



RULE-MAKING PROCEEDINGS 



Simazina 0.0035 milligrams/Liter 

Reason for Proposed Action: The amendment to 15 A NCAC 2L .0202, Groundwater Quality Standards, will establish 
groundwater standards for Acenaphthene , Acenaphthylene , Anthracene, Atrazine, Benzo(a)anthracene, Benzo(g,h,i)perylene, 
Bromodichloromethane , Carbon Disulfide, Caprolactam, Chloroethane , Chrysene, 1 ,3-Dichloropropene(cis and trans), 
Diphenylfl ,1-Diphenyl) , Fluoranthene , Isopropyl Ether (Diisopropyl Ether), Methyl Alcohol, Pyrene, and Simazine. Action 
to consider adoption of concentration levels for these eighteen substances as groundwater standards is necessary to satisfy 
requirements of 15 A NCAC 2L .0202(c). All proposed Groundwater Quality Standards are the same as those concentrations 
that are presently in effect as Interim Maximum Allowable Concentrations. The proposed rule changes are being made to 
incorporate the most updated health information and concentration levels as Groundwater Quality Standards in 15 A NCAC 
2L .0202. 

Comment Procedures: All persons interested in this proposed amendment are encouraged to submit written comments or 
questions to David Hance, EHNR-DEM: Groundwater Section, P.O. Box 29578, Raleigh, NC 27626-0578, (919) 733-3221. 
Comments will be accepted through March 20, 1996. 



2592 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Rule-making Agency: North Carolina Child Day Care Commission 

Rule Citation: 10 NCAC 3U .0102, .2701 - .2704 

Effective Date: January 1, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 110-90.2; 114-19.5; S.L. 1995, c. 507, s. 23.25(c) 

Reason for Proposed Action: During the 1995 Regular Session the General Assembly passed legislation requiring all child 
day care providers to complete a criminal history check. Because the bill was not ratified until July 28, 1995 and the 
implementation date is January 1 , 1996, there is not sufficient time to follow the procedures as required by the rules for 
permanent rule making. At the November 2, 1995 North Carolina Child Day Care Commission meeting the criminal records 
check law and proposed rules were discussed. The Division of Child Development also held an advisory meeting on 
November 9, 1995 with 20 individuals representing various child care organizations and providers to receive input on the 
temporary rules. A mailing was sent on November 30, 1995 to members of the NC Child Day Care Commission mailing list, 
notifying over 300 individuals of the teleconference held on December 7, 1995 to adopt the temporary rules. Included in this 
mailing was a copy of the proposed temporary rules. 

Comment Procedures: Questions or written comments regarding this matter may be directed to Jeanne Marlowe, APA 
Coordinator, Division of Child Development , P.O. Box 29553, Raleigh, NC 27626-0553; (919) 662-4535. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

SECTION .0100 - PURPOSE AND DEFINITIONS 

.0102 DEFINITIONS 

The terms and phrases used in this Subchapter shall be defined as follows except when the content of the rule clearly 
requires a different meaning. The definitions prescribed in G.S. 110-86 also apply to these Rules. 

(1) "Age appropriate" means suitable to the chronological age range and developmental characteristics of a specific 
group of children. 

(2) "Agency" means the Child Day Care Section, Division of Facility Services, Department of Human Resources, 
located at 701 Barbour Drive, Raleigh, North Carolina 27603. 

(3) "Appellant" means the person or persons who request a contested case hearing. 

(4) "A" license means the license issued to day care operators who meet the minimum requirements for the legal 
operation of a child day care facility pursuant to G.S. 110-91 and applicable rules in this Subchapter. 

(5) "AA" license means the license issued to day care operators who meet the higher voluntary standards promulgated 
by the Child Day Care Commission as codified in Section .1600 of this Subchapter. 

(6) "Child Care Program" means a provider of child day care services and may consist of a single center or home, 
or a group of centers or homes or both, which are operated by one owner or supervised by a common sponsor. 

(7) "Child day care provider" as defined by G.S. 110-90.2 and used in Section .2700 of this Subchapter, includes but 
is not limited to the following employees: facility directors, administrative staff, teachers, teachers' aides, cooks, 
maintenance personnel and drivers. 

(8) (3) "Day care center" means any day care facility as defined in G.S. 110-86(3) which is authorized to provide day 
care to 13 or more children when any child present is preschool-age according to the definition of preschool-aged 
child in this Rule. 



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(9) (g) "Day care home" means any child day care home as defined in G.S. 110-86(4) which provides day care on 
a regular basis of at least once per week for more than four hours, but less than 24 hours per day. Child care 
arrangements excluded from the definition of day care facility in G.S. 1 10-86(3) are excluded as day care homes. 

(10) (9) "Department" means the Department of Human Resources. 

(11) {40) "Division" means the Division of Facility Services within the Department of Human Resources. 

(12) (44) "Drop-in care" means a child day care arrangement where children attend on an intermittent, unscheduled 
basis. 

(13) (43) "Group" means the children assigned to a specific caregiver, or caregivers, to meet the staff/child ratios set 
forth in G.S. 110-91(7) and this Subchapter, using space which is identifiable for each group. 

(14) (44) "Large child day care center" or "large center" means any day care center which is authorized to provide 
care to 80 or more children. 

(15) (44) Large child day care home" or "large home" means any day care facility as defined in G.S. 110-86(3) which 
is authorized to routinely provide care to a maximum of 12 children when any child present is preschool-aged or, 
when all children present are school-aged, to a maximum of 15 children. Provided the appropriate child/staff ratios 
are not exceeded, the large home may exceed these maximum capacities by no more than two children: 

(a) during the school year for no more than one hour immediately after school; and 

(b) during the two week period preceding and the two week period following the public school year. 

(16) (44) "Licensee" means the person or entity that is granted permission by the State of North Carolina to operate 
a day care center. 

(17) (4-6) "Licensing Manual" means the document published by the Child Day Care Section which contains the 
procedures and standards required by North Carolina law, the Commission and the Department for licensure of 
child day care centers. The licensing manual may be obtained from the Section at the address given in Item (1) 
of this Rule. 

(18) (4-7) "Medium child day care center" or "medium center" means any day care center which is authorized to 
provide day care to at least 30 but no more than 79 children. 

(19) (48) "Operator" means the person or entity held responsible by law as the owner of a child day care business. 
The terms "operator", "sponsor" or "licensee" are used interchangeably. 

(20) (49) "Part-time care arrangement" means a child care arrangement as defined in G.S. 110-86 which provides care 
on less than a full-time basis. Examples of part-time care arrangements are certain drop-in, before/after school, 
and seasonal programs. 

(21) (30) "Passageway" means a hall or corridor. 

(22) (34) "Preschool (formerly preschool-aged) child" means any child under 13 years of age who does not fit the 
definition of school-aged child in this Rule. 

(23) (33) "Provisional License" means the type of license issued to a center which does not conform in every respect 
with the standards for an "A" license. 

(24) (33) "Registrant" means the person or entity that is granted permission by the State of North Carolina to operate 
a day care home. 

(25) (34) "School-aged child" means any child who is at least five years old on or before October 16 of the current 
school year and who is attending, or has attended, a public or private grade school or kindergarten. 

(26) (35) "Section" means the Child Day Care Section, Division of Facility Services, Department of Human Resources. 
The Section is located at the address given in Item (1) of this Rule. 

(27) (36) "Small day care center" or "small center" means any day care center which is authorized to provide day care 
for a maximum of 29 children. 

(28) (37-) "Small day care home" or "small home" means the child care arrangements defined in G.S. 110-86(4) which 
are subject to the registration requirements set forth in Section .1700 of this Subchapter. 

(29) (38) "Special Provisional License" means the type of license which may be issued a day care operator pursuant 
to the conditions of G.S. 110-88(6a) when child abuse or neglect has occurred in the center. 

(30) (39) "Substitute" means any person who temporarily assumes the duties of a regular staff person for a time period 
not to exceed two consecutive months. 

(31) (30) "Teacher" means the caregiver who has responsibility for planning and implementing the daily program of 
activities for each group of children. 

(32) (34) "Temporary care arrangement" means any child day care arrangement required to be regulated pursuant to 
G.S. 1 10-86 which provides either drop-in care or care on a seasonal or other part-time basis. 

(33) (33) "Temporary license" means the license which may be issued when a licensed center changes location or 
changes ownership. 

(34) (33) "Volunteer" means a person who works in a day care center or day care home and is not monetarily 
compensated by the center or home. 



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History Note: Authority G.S. 110-88; 1 43B- 168.3 ; 
Eff. January 1, 1986; 

Amended Eff. October 1, 1991; October 1, 1990; November 1, 1989; 
Temporary Amendment Eff. January 1, 1996. 

SECTION .2700 - CRIMINAL RECORDS CHECKS 

.2701 APPLICATION FOR PERMITS 

(a) Beginning with the date set forth in the Division's implementation schedule, and in addition to the requirements set 
forth in Rule .0302 of this Subchapter and in Rule .1702 of this Subchapter the prospective child care provider shall submit 
to the Division at the time of application the following forms: 

(1) a certified criminal history check from the Clerk of Superior Court's office in the county where the individual 
resides; 

(2) a signed Authority for Release of Information using the form provided by the Division; and 

(3) a completed fingerprint card using SBI form FD-258. 

If the prospective child care provider has lived in North Carolina for less than five consecutive years immediately preceding 
the date the fingerprint card is completed, a second fingerprint card shall be submitted in order to complete a national check, 

(b) The prospective child care provider shall sign and submit a statement declaring under penalty of perjury if he or she 
has been convicted of a crime other than a minor traffic violation. If the prospective child care provider has been convicted 
of a crime including, but not limited to. those specified in G.S. 110-90.2. the prospective child care provider shall 
acknowledge on the statement that he or she is aware that the issuance of a permit is conditional pending approval by the 
Division. 

(c) If the prospective child care provider has been convicted of a crime including, but not limited to. those specified in 
G.S. 110-90.2. he or she may submit to the Division additional information concerning the conviction that could be used 
by the Division in making the determination of the prospective child care provider's qualification. The Division may 
consider the following in making their decision: length of time since conviction; nature of the crime; circumstances 
surrounding the commission of the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the 
individual at the time of occurrence. 

(d) A prospective child care provider's refusal to complete the required criminal history record check paperwork is 
reasonable cause to deny issuance of a permit. 

(el The Division shall notify the prospective child care provider in writing of the determination by the Division of the 
individual's fitness to have responsibility for the safety and well-being of children based on the criminal history. 

(f) Determination by the Division that the prospective child care provider is disqualified is reasonable cause to deny 
issuance of a permit. 

(g) If the prospective child care provider is a firm, partnership, association, or corporation, the chief executive officer 
or other person serving in like capacity, or a person designated by the chief executive officer as responsible for the operation 
of the facility, shall complete the criminal history record check as specified in Paragraph (a) of this Rule. 

(h) When a Letter of Intent to Operate pursuant to G.S. 110-106 and G.S. 110-106.1 is submitted to the Division, the 
person signing the Letter of Intent shall also submit all forms as required in Rule . 2702(a) of this Section. 

£i) Determination by the Division that the person submitting the Letter of Intent is disqualified is reasonable cause to issue 
a Notice to Cease Operation. 

(j) Any child care provider who owns or operates an existing child care program, and who is applying for a permit for 
an additional child care program within one year from the date of qualification that was based on fingerprinting, shall submit 
a certified criminal history check from the Clerk of Superior Court's office in the county where the individual resides. A 
new fingerprint card shall not be required unless deemed necessary by the Division in making the determination of 
qualification. If the criminal history check was completed more than one year prior to the a pplication for an additional child 
care program, the applicant shall complete all forms as required in Paragraph (a) of this Rule. 

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25; 
Temporary Adoption Eff. January 1 , 1996. 

.2702 CRIMINAL RECORD CHECK REQUIREMENTS FOR CHILD CARE PROVIDERS 

(a) Beginning with the date set forth in the Division's implementation schedule, child care providers shall submit the 
following to their employer no later than five working days after beginning work: 

(1) a certified criminal history check from the Clerk of Superior Court's office in the county where the individual 

resides; 
£2} a signed Authority' for Release of Information using the form provided by the Division; 



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(3) a fingerprint card using SBI form FD-258; and 

(4) a signed statement declaring under penalty of penury if he or she has been convicted of a crime other than a 
minor traffic violation. 

If the child care provider has been convicted of a crime, including, but not limited to, those specified in G.S. 110-90.2. the 
child care provider shall acknowledge on the statement that he or she is aware that the employment is conditional pending 
approval by the Division. If the child care provider has lived in North Carolina for less than five consecutive years 
immediately preceding the date the fingerprint card is completed, a second fingerprint card shall be submitted in order to 
complete a national check. 

(b) If the child care provider has been convicted of a crime, including, but not limited to. those specified in G.S. 110-90.2. 
he or she may submit to the Division additional information concerning the conviction that could be used by the Division 
in making the determination of the provider's qualification for employment. The Division may consider the following in 
making their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of 
the offense or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of 
occurrence. 

(c) The child care provider's employer shall mail the local criminal history check. Authority for Release of Information 
using the form provided by the Division, and fingerprint card(s) to the Division no later than three working days after 
receipt. A copy of the submitted information, and the declaration statement, shall be maintained in the child care provider's 
personnel file, and shall be available for review by a representative of the Division. 

(d) The child care provider shall be on probationary status pending the determination of qualification or disqualification 
by the Division. 

(e) The Division shall notify the child care provider in writing of the determination by the Division of the individual's 
fitness to have responsibility for the safety and well-being of children based on the criminal history. The Division shall 
notify the employer if any, in writing of the Division's determination concerning the child care provider; however, the 
employer shall not be told the specific information used in making the determination. 

(f) If the child care provider changes employers within one year from the date of qualification that was based on 
fingerprinting, he or she shall submit a certified criminal history check from the Clerk of Superior Court's office in the 
county where the individual resides. This local check shall be submitted to his or her employer no later than five working 
days after beginning work. The employer shall complete the steps as defined in Paragraphs (c). (d) and (g) of this Rule. 
A new fingerprint card shall not be required unless deemed necessary by the Division in making its determination of 
qualification. If the criminal history check was completed more than one year prior to employment, the child care provider 
shall complete all forms as required in Paragraph (a) of this Rule. 

(g) Child care providers determined by the Division to be disqualified shall be terminated by the facility or small day care 
home immediately upon receipt of the disqualification notice. 

(h) Refusal on the part of the employer to dismiss a child care provider who has been found to be disqualified shall be 
grounds for suspension, denial or revocation of the permit in addition to any other administrative action or civil penalties 
pursued by the Division. If an employer appeals the administrative action, the child care provider shall not be employed 
during the appeal process. 

(i) A substitute child care provider who is employed for more than five days, whether working full or part-time, shall 
submit all forms as required in Paragraph (a) of this Rule to the employer by the end of the fifth working day. The employer 
shall complete the steps as defined in Paragraphs (c), (d) and (g) of this Rule. 

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25; 
Temporary Adoption Eff. January 1, 1996. 

.2703 CRIMINAL RECORD CHECK REQUIREMENTS FOR CURRENT CHILD CARE PROVIDERS 

(a) Current child care providers shall submit all forms as required in Rule .2702(a) of this Section and based upon the 
implementation schedule developed by the Division. 

(b) If the child care provider has been convicted of a crime, including, but not limited to, those specified in G.S. 1 10-90.2. 
he or she may submit to the Division additional information concerning the conviction that could be used by the Division 
in making the determination of the provider's qualification. The Division may consider the following in making their 
decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense or 
offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence. 

(c) The Division shall notify the child care provider in writing of the determination by the Division of the individual's 
fitness to have res ponsibility for the safety and well-being of children based on the criminal history. The Division shall 
notify the employer, if any, in writing of the Division's determination concerning the child care provider; however the 
employer shall not be told the specific information used in making the determination. 

(d) Child care providers determined by the Division to be disqualified shall be terminated by the facility or small day care 



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home immediately upon receipt of the notification. 

(e) Refusal on the part of the employer to dismiss a child care provider who has been found to be disqualified shall be 
grounds for suspension, denial or revocation of the permit in addition to any other administrative action or civil penalties 
pursued by the Division. 

(f) Determination by the Division that the employer is disqualified is reasonable cause to suspend, deny or revoke the 
permit in addition to any other administrative actions or civil penalties pursued by the Division. 

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25; 
Temporary Adoption Eff. January 1 , 1996. 

.2704 CRIMINAL RECORD CHECK REQUIREMENTS FOR NONREGISTERED HOME PROVIDERS 

(a) Beginning with the date set forth in the Division's implementation schedule for current nonregistered home providers, 
and no later than five working days after applying for enrollment as a nonregistered home provider of subsidized child day 
care, the nonregistered home provider shall submit the following to the local purchasing agency: 

(1) a certified criminal history check from the Clerk of Superior Court's office in the county where the individual 
resides; 

(2) a signed Authority for Release of Information using the form provided by the Division: 

(3) a fingerprint card using SBI form FD-258; and 

(4) a signed statement declaring under penalty of perjury if he or she has been convicted of a crime other than a 
minor traffic violation. 

If the nonregistered home provider has been convicted of a crime, including, but not limited to. those specified in G.S. 110- 
90.2, the nonregistered home provider shall acknowledge on the statement that he or she is aware that payment is conditional 
pending approval by the Division. If the nonregistered home provider has lived in North Carolina for less than five 
consecutive years immediately preceding the date the fingerprint card is completed, a second fingerprint card shall be 
submitted in order to complete a national check. 

(b) If the nonregistered home provider has been convicted of a crime, including, but not limited to. those specified in G.S. 
110-90.2. he or she may submit to die Division additional information concerning the conviction that could be used by the 
Division in making the determination of the provider's qualification. The Division may consider the following in making 
their decision: length of time since conviction; nature of the crime; circumstances surrounding the commission of the offense 
or offenses; evidence of rehabilitation; number of prior offenses; and age of the individual at the time of occurrence. 

(c) The local purchasing agency shall mail the local criminal history check. Authority for Release of Information using the 
form provided by the Division, and fingerprint card(s) to the Division no later than five working days after receipt. A copy 
of the submitted information, and the declaration statement, shall be maintained in the nonregistered home provider's file. 

(d) A nonregistered home provider may receive payment during the period in which the state or national criminal history 
check is being completed if the applicant would otherwise receive a pproval or temporary approval from the local purchasing 
agency for enrollment in the subsidized child day care program, subject to the provisions referenced in _10 NCAC 46G 
.0111(b). 10 NCAC 46G .0214. and 10 NCAC 46G .0215. 

(e) The Division shall notify the nonregistered home provider in writing of the determination by the Division of the 
individual's fitness to have responsibility for the safety and well-being of children based on the criminal history. The 
Division shall notify the local purchasing agency in writing of the Division's determination concerning the nonregistered 
home provider; however, the local purchasing agency shall not be told the specific information used in making the 
determination. 

if) Disqualification of a nonregistered home provider by the Division shall be reasonable cause for the local purchasing 
agency to deny further payment. 

£g) If a nonregistered home provider disagrees with the decision of disqualification and files a civil action in district court. 
the provider may continue to operate but shall not receive payment during the proceedings. If the determination is that the 
nonregistered home provider is qualified, the nonregistered provider shall receive retroactive payment for the care that was 
provided. 

History Note: Authority G.S. 110-90.2; 114-19.5; 143B-168.3; S.L. 1995, c. 507, s. 23.25; 
Temporary Adoption Eff. January 1 , 1996. 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 
Rule-making Agency: Social Services Commission 

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Rule Citation: 10 NCAC 42V .0201, .0802 - .0803 

Effective Date: December 12, 1995 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 108A-103; 143B-153 

Reason for Proposed Action: Amendment of these Rules is necessary in order to ensure that county departments of social 
sen'ices can comply with Chapter 246 of the 1995 Session Laws which establish criminal penalties for the abuse, neglect or 
exploitation of disabled or elderly adults living in a domestic setting. The proposed amendments will enable county 
departments of social services to share confidential information with District Attorney's offices and law enforcement agencies. 

Comment Procedures: Anyone wishing to comment should contact Sharnese Ransome, Special Assistant to the Director, 
Division of Social Services, 325 N. Salisbury Street, Raleigh, NC 27603, phone: (919) 733-3055. 

CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 

SUBCHAPTER 42V - PROTECTIVE SERVICES FOR ADULTS 

SECTION .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS 

.0201 ACCEPTANCE OF REPORTS 

(a) The county department of social services must accept all reports alleging an abused, neglected, or exploited disabled 
adult is in need of protective services. This includes anonymous reports. If the county department determines that the 
address of the disabled adult given in the report is in another county, the department shall refer the person making the report 
to the appropriate county department. The county department receiving the original report shall follow up to make sure the 
appropriate county has received the report. 

(b) The department of social services shall make arrangements for 24 hour coverage to receive calls and take appropriate 
action. 

(c) Notwithstanding provisions in any other sections of 10 NCAC 42V, the Director may immediately tell the District 
Attorney's office and local law enforcement agencies when there is reason to believe that physical harm may occur to the 
disabled adult. This would include sharing evidence of abuse or neglect the agency has to date. 

History Note: Authority G.S. 108A-103; 143B-153; 
Eff. November 1, 1983; 

Amended Eff. December 1, 1991; July 1, 1990; 
Temporary Amendment Eff. December 12, 1995. 

SECTION .0800 - CONFIDENTIALITY 

.0802 IDENTITY OF COMPLAINANT AND OF INDIVIDUALS WHO HAVE KNOWLEDGE OF THE 
SITUATION 

The identity of the complainant and of individuals who provide information about have knowledge of the situation of the 
disabled adult shall be kept confidential unless the court requires that such persons' identities be revealed with the e xception 
exceptions that the complainant's name and the names of individuals who provide information about have knowledge of the 
situation of the disabled adult may be given verbally to the Division of Facility Services when requested by that agency in 
order to carry out its investigation, investigation, and to the District Attorney's office and to law enforcement agencies which 
are prosecuting or conducting a criminal investigation of alleged abuse, neglect or exploitation of a disabled adult. 

History Note: Authority G.S. 108A-103; 143B-153; 
Eff. November 1, 1983; 
Amended Eff. December 1 , 1991; 
Temporary Amendment Eff. December 12, 1995. 

.0803 SPECIFIC FINDINGS 

Specific findings of the evaluation shall be kept confidential and shall not be released without consent of the disabled adult 



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or court order, except that the department of social services at its discretion may share information about the adult may bo 
shared with other persons or agencies without the adult or caretaker's consent to the extent necessary to provide protective 
services. When evidence of abuse, neglect, or exploitation is found, upon request of the district attorney or law enforcement 
agencies, such information shall be sent to help with a criminal investigation or prosecution of abuse, neglect or exploitation. 



History Note: Authority G.S. 143B-153; 
Eff. November 1, 1983; 
Temporary Amendment Eff. December 12, 1995. 



TITLE 17 - DEPARTMENT OF REVENUE 

Editor's Note: G.S. 150B-1 (d)(4) exempts the Department of Revenue from Part 2 Article 2A of Chapter 150B with respect 
to the notice and hearing requirements. The Department will however publish the text of proposed and temporary rules in 
the North Carolina Register prior to the scheduled time of review by the Rules Review Commission. 

Rule-making Agency: North Carolina Department of Revenue 

Rule Citation: 17 NCAC 1C .0504 and .0506 

Effective Date: December 20, 1995 

Findings Reviewed by the Codifier of Rules: Approved 

Statutory Authority for the rule-making: G.S. 105-236; 105-241; 105-262 

Reason for Proposed Action: Chapter 360 of the 1995 Session Laws amended the statutes transferring administration and 
collection of Insurance Premiums Tax from the Department of Insurance to the Department of Revenue. The effective date 
of this change is January 1, 1996. G.S. 105-241 requires the Secretary of Revenue to prescribe the method of payment of 
taxes. A significant number of taxpayers remitting the Insurance Premiums Tax annually pay an amount in excess of the 
Department's threshold for remitting by Electronic Funds Transfer (EFT); however, the Insurance Premiums Tax is not 
included in the administration rules for this payment method. 

Comment Procedures: Questions or written comments regarding these rules may be directed to Jack Harper, APA 
Coordinator, Department of Revenue, P.O. Box 871, Raleigh, NC 27602-0871; (919) 733-8484. 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER 1C - GENERAL ADMINISTRATION 

SECTION .0500 - FORM OF PAYMENT 

.0504 EFT GENERAL REQUKEMENTS 

(a) Taxpayers who paid one million two hundred thousand dollars ($1,200,000.00) or more of Withholding of Income 
Taxes from wages of individuals levied under G.S. 105 Article 4A during the selection period shall remit payments due and 
payable after January 1, 1994 by electronic funds transfer. Taxpayers who paid two hundred forty thousand dollars 
($240,000.00) or more of Withholding of Income Taxes from wages of individuals levied under G.S. 105 Article 4A during 
the selection period shall remit payments due and payable after January 1, 1996 by electronic funds transfer. 

(b) Taxpayers who paid four hundred thousand dollars ($400,000.00) or more of Corporate Income Tax who are required 
to make installment payments of Estimated Income Tax by under G.S. 105 Article 4C during the selection period shall remit 
payments due and payable after January 1, 1994 by electronic funds transfer. 

Taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more of Corporate Income Tax who are required 
to make installment payments of Estimated Income Tax under G.S. 105 Article 4C during the selection period shall remit 
payments due and payable after January 1, 1996 by electronic funds transfer. 

(c) Taxpayers subject to the following tax types who paid one million two hundred thousand dollars ($1,200,000.00) or 
more during the selection period shall remit payments due on or after July 1, 1994 by electronic funds transfer: 

(1) Alcoholic Beverage Excise Taxes payable under G.S. 105 Article 2C. 



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(2) Utilities Franchise Taxes levied under G.S. 105-116 or G.S. 105-120. 

(3) Utilities Sales Taxes due under the provisions of G.S. 105-164.4(a)(4c). 

Taxpayers subject to the above tax types who paid two hundred forty thousand dollars ($240,000.00) or more during the 
selection period shall remit payments due on or after January 1, 1996 by electronic funds transfer. 

(d) Except as provided in Subparagraph (c)(3) of this Rule, taxpayers who paid one million two hundred thousand dollars 
($1,200,000.00) or more in Sales and Use Tax levied under G.S. 105 Article 5 and Articles 39, 40, and 42 of Subchapter 
VIII during the selection period shall remit payments due on or after October 1, 1994 by EFT. Except as provided in 
Subparagraph (c)(3) of this Rule, taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more in Sales 
and Use Tax levied under G.S. 105 Article 5 and Articles 39, 40, and 42 of Subchapter VUJ during the selection period shall 
remit payments due on or after October 1, 1995 by EFT. 

(e) Taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more in Motor Fuels Taxes levied under 
G.S. 105 Article 36 and 36A of Subchapter V during the selection period shall remit payments due on or after July 1, 1995 

by EFT. 

(f) Taxpayers who paid one million two hundred thousand dollars ($1,200,000.00) or more of Tobacco Products Tax 
levied under G.S. 105, Article 2A during the selection period shall remit payments due on or after January 1, 1995 by 
electronic funds transfer. Taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more of Tobacco 
Products Tax levied under G.S. 105 Article 2A during the selection period shall remit payments due on or after January 1, 
1996 by electronic funds transfer. 

(g) Taxpayers who paid one million two hundred thousand dollars ($ 1 ,200,000.00) or more of Soft Drink Tax levied under 
G.S. 105 Article 2B during the selection period shall remit payments due on or after January 1, 1995 by electronic funds 
transfer. Taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more of Soft Drink Tax levied under 
G.S. 105 Article 2B during the selection period shall remit payments due on or after January 1, 1996 by electronic funds 
transfer. 

(h) Taxpayers who paid two hundred forty thousand dollars ($240,000.00) or more of Insurance Taxes levied under 
Chapter 105 Article 8B during the selection period shall remit payments due on or after January 1± 1996 by electronic funds 
transfer. 

(i) (h)The determination as to which taxpayers shall be subject to the remittance provisions to the rules in this Section is 
made by the Department, on a tax by tax basis, and is based on the average amount of tax paid during any 12 consecutive 
month period preceding the implementation of any new application or review of the payment requirement. 

(1) The Department shall notify the selected taxpayers of the requirements of these Rules by first class mail to their 
last address of record. 

(2) The Department shall provide the selected taxpayers with forms necessary for registering to make payments for 
the taxes through EFT. The Department shall provide an explanation of the payment options available. 

(3) The taxpayer must register to make payments for the taxes through EFT, and shall select a payment option 
subject to approval by the Department. 

(4) The Department shall provide technical assistance and guidance to the selected taxpayers concerning the payment 
of taxes through EFT. An EFT hotline shall be available to the taxpayers from 8:00 a.m. through 5:00 p.m., 
Eastern Standard Time, each business day, with exception of State holidays. 

History Note: Authority G.S. 105-241; 105-262; 
Eff. October 1, 1993; 

Amended Eff. May 1, 1995; March 1, 1995; November 1, 1994; 
Temporary Amendment Eff. December 20, 1995. 

.0506 VOLUNTARY EFT PROGRAM PARTICIPATION 

(a) The following taxpayers not subject to remittance provisions of 17 NCAC 1C .0504 may elect to participate in 
the EFT Program on or after January 1, 1995: 

(1) Taxpayers required to file returns and pay Withholding of Income Taxes from wages of individuals under 
the "Three Banking Day" provision as required by G.S. 105 163.6 Article 4A. 

(2) Taxpayers required to remit installment payments of Estimated Corporate Income Tax under G.S. 105 
Article 4C. 

(3) Taxpayers who remit Alcoholic Beverage Excise Taxes payable under G.S. 105 Article 2C. 

(4) Taxpayers who remit Utility Sales Tax payable under the provisions of G.S. 105- 164. 4(a) (4c). 

(5) Taxpayers who remit Utility Franchise Tax payable under G.S. 105-116 or G.S. 105-120, excluding 
telephone companies who remit less than three thousand dollars ($3,000.00) per month. 

(6) Taxpayers who are directed by the Secretary or volunteer to file reports for Sales and Use Tax on a semi- 
monthly basis under G.S. 105-164. 16(b). 



2600 NORTH CAROLINA REGISTER January 15, 1996 10:20 



TEMPORARY RULES 



• 



(7) Taxpayers who remit Motor Fuels Taxes levied under G.S. 105 Article 36 and 36A. 

(8) Taxpayers who remit Tobacco Products Tax levied under G.S. 105 Article 2A. 

(9) Taxpayers who remit Soft Drink Tax levied under G.S. 105 Article 2B. 
(10) Taxpayers who remit Insurance Taxes levied under Chapter 105 Article 8B. 

(b) Taxpayers electing to voluntarily participate in the EFT Program must complete and return Form AC-EFT- 1 00 V, 
Electronic Funds Transfer Authorization Agreement for Voluntary Participants. 

(c) Taxpayers who elect to participate in the EFT Program shall be required to remit payments electronically for 
a minimum of 12 consecutive months. A taxpayer may withdraw from the EFT Program after 12 months by giving 
the Department 45 days written notice. 

(d) Taxpayers who elect to participate in the EFT Program shall be subject to the penalty provisions stated in G.S. 
105-236(1 a) and (lb). 

(e) Taxpayers electing to participate in the EFT Program shall be subject to the same rules and guidelines as 
taxpayers subject to the remittance provisions of 17 NCAC 1C .0504. 



History Note: Authority G.S. 105-241; 105-262; 
Eff. October 1, 1993; 

Amended Eff. March 1, 1995; November 1, 1994; 
Temporary Amendment Eff. December 20, 1995. 



I 



I 



10:20 NORTH CAROLINA REGISTER January 16, 1996 2601 



LIST OF RULES CODIFIED 



JL he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


Key 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


— Date rule becomes effective 


Temp. Expires 


= Rule was filed as a temporary rule and expires on this date or 180 days 



\ 



NORTH CAROLINA ADMINISTRATIVE CODE 



[TLE 


DEPARTMENT 


2 


Agriculture 


10 


Human Resources 


L2 


Justice 


13 


Labor 


15A 


Environment, Health, 




and Natural Resources 


16 


Public Instruction 


17 


Revenue 


18 


Secretary of State 



OCTOBER 95 




TITLE 


DEPARTMENT 


19A 


Transportation 


21 


Occupational Licensing Boards 




48 - Physical Therapy Examiners 




52 - Podiatry Examiners 




60 - Refrigeration Examiners 




68 - Substance Abuse Professionals 


23 


Community Colleges 


26 


Office of Administrative Hearings 


27 


State Bar 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2 NCAC 34 .0904 




/ 




/ 




11/01/95 




10 NCAC 3C .0101 - .0102 






/ 






01/01/96 




.0104 - .0110 






/ 






01/01/96 




.0201 - .0203 






/ 






01/01/96 




.0301 - .0307 






/ 






01/01/96 




.0401 - .0407 






/ 






01/01/96 




.0501 - .0505 






/ 






01/01/96 




.0601 - .0604 






/ 






01/01/96 




.0701 - .0708 






/ 






01/01/96 




.0801 - .0805 






/ 






01/01/96 




.0807 






/ 






01/01/96 




.0901 - .0917 






/ 






01/01/96 




.1001 - .1006 






/ 






01/01/96 




10 NCAC 3C .1101 - .1102 






/ 






01/01/96 







< 



2602 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.1201 - .1204 






• 






01/01/96 




.1301 - .1303 






/ 






01/01/96 




.1401 - .1405 






/ 






01/01/96 




.1501 - .1508 






/ 






01/01/96 




.1510 






• 






01/01/96 




.1601 - .1606 






/ 






01/01/96 




.1701 - .1717 






/ 






01/01/96 




.1801 - .1805 






/ 






01/01/96 




.2101 - .2105 






• 






01/01/96 




.3101 


/ 










01/01/96 




.3102 


/ 






/ 




01/01/96 




.3103 


/ 










01/01/96 




.3104 


/ 






• 




01/01/96 




.3105 - .3106 


/ 










01/01/96 




.3107- .3110 


/ 






• 




01/01/96 




.3201 - .3205 


/ 






/ 




01/01/96 




.3301 


• 










01/01/96 




.3303 


/ 






/ 




01/01/96 




.3401 


/ 










01/01/96 




.3402 


/ 






/ 




01/01/96 




.3403 


/ 










01/01/96 




.3404 - .3405 


/ 






/ 




01/01/96 




.3501 


/ 










01/01/96 




.3502 - .3503 


/ 






/ 




01/01/96 




.3601 - .3608 


/ 






/ 




01/01/96 




.3609 


/ 










01/01/96 




.3701 - .3705 


/ 






/ 




01/01/96 




.3706 


/ 










01/01/96 




.3707 - .3708 


/ 






/ 




01/01/96 




.3801 - .3804 


/ 






/ 




01/01/96 




.3901 


/ 






/ 




01/01/96 




.3903 - .3907 


/ 






/ 




01/01/96 




10 NCAC 3C .4001 - .4005 


/ 






/ 




01/01/96 







/0:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2603 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.4101 


/ 






/ 




01/01/96 




.4103 


• 






/ 




01/01/96 




.4105 


/ 






/ 




01/01/96 




.4106 


/ 










01/01/96 




.4107 - .4110 


/ 






/ 




01/01/96 




.4201 - .4202 


/ 






• 




01/01/96 




.4204 


/ 






/ 




01/01/96 




.4301 - .4302 


/ 






/ 




01/01/96 




.4304 - .4306 


/ 






/ 




01/01/96 




.4308 


/ 






/ 




01/01/96 




.4402 - .4403 


/ 






/ 




01/01/96 




.4501 


/ 










01/01/96 




.4503 


/ 










01/01/96 




.4504 - .4507 


/ 






/ 




01/01/96 




.4509 - .4512 


/ 






/ 




01/01/96 




.4513 


/ 










01/01/96 




.4514 - .4515 


/ 






/ 




01/01/96 




.4516 


/ 










01/01/96 




.4601 - .4605 


/ 






/ 




01/01/96 




.4701 


/ 










01/01/96 




.4703 - .4704 


/ 






/ 




01/01/96 




.4802 - .4803 


/ 










01/01/96 




.4804 - .4806 


/ 






/ 




01/01/96 




.4901 


/ 






/ 




01/01/96 




.4902 


/ 










01/01/96 




.4903 - .4907 


/ 






/ 




01/01/96 




.5001 


/ 






/ 




01/01/96 




.5003 


/ 






/ 




01/01/96 




.5004 


/ 










01/01/96 




.5005 


/ 






/ 




01/01/96 




.5101 - .5105 


/ 






/ 




01/01/96 




.5201 


/ 






/ 




01/01/96 




10 NCAC 3C .5203 


/ 










01/01/96 





2604 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.5204 


/ 






/ 




01/01/96 




.5205 


/ 










01/01/96 




.5206 - .5207 


/ 






/ 




01/01/96 




.6001 - .6002 


/ 










01/01/96 




.6101 - .6102 


/ 






/ 




01/01/96 




.6103 - .6104 


/ 










01/01/96 




.6201 - .6206 


/ 






/ 




01/01/96 




.6207 


/ 










01/01/96 




.6208 


/ 






/ 




01/01/96 




.6209 


/ 










01/01/96 




.6210 


/ 






/ 




01/01/96 




.6211 - .6215 


/ 










01/01/96 




.6216 


/ 






/ 




01/01/96 




.6217 - .6221 


/ 










01/01/96 




.6222 - .6223 


/ 






/ 




01/01/96 




.6224 


/ 










01/01/96 




.6225 - .6227 


/ 






/ 




01/01/96 




3D .1401 




/ 








11/01/95 




3H .0108 - .0109 






/ 






01/01/96 




.0206 - .0220 






/ 






01/01/96 




.0306 - .0318 






/ 






01/01/96 




.0407 - .0408 






/ 






01/01/96 




.0505 - .0507 






/ 






01/01/96 




.0510- .0517 






/ 






01/01/96 




.0605 - .0609 






/ 






01/01/96 




.0705 - .0712 






/ 






01/01/96 




.0810 - .0812 






/ 






01/01/96 




.0903 - .0911 






/ 






01/01/96 




.1003 - .1008 






/ 






01/01/96 




.1105 - .1109 






/ 






01/01/96 




.1130 - .1136 






/ 






01/01/96 




.1150 - .1163 






/ 






01/01/96 




10 NCAC 3H .1204 -.1208 






/ 






01/01/96 







10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2605 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.1210 






• 






01/01/96 




.1306 - .1308 






/ 






01/01/96 




.1405 - .1406 






/ 






01/01/96 




.1408 - .1410 






• 






01/01/96 




.1501 - .1503 






/ 






01/01/96 




.1612 - .1613 






/ 






01/01/96 




.1703 - .1704 






/ 






01/01/96 




.1804 - .1807 






/ 






01/01/96 




.2101 


/ 






• 




01/01/96 




.2102 


/ 










01/01/96 




.2103 


/ 






/ 




01/01/96 




.2104 


/ 










01/01/96 




.2105 


• 






/ 




01/01/96 




.2106 - .2110 


/ 










01/01/96 




.2204 - .2205 


/ 










01/01/96 




.2207 - .2208 


/ 










01/01/96 




.2209 


/ 






/ 




01/01/96 




.2210 


/ 










01/01/96 




.2211 


/ 






/ 




01/01/96 




.2303 


/ 






/ 




01/01/96 




.2304 


/ 










01/01/96 




.2305 - .2306 


/ 






/ 




01/01/96 




.2307 


/ 










01/01/96 




.2402 


• 






/ 




01/01/96 




.2502 


/ 










01/01/96 




.2503 - .2504 


/ 






/ 




01/01/96 




.2602 - .2604 


/ 






/ 




01/01/96 




.2901 - .2902 


/ 










01/01/96 




.3001 


/ 










01/01/96 




.3014 


/ 










01/01/96 




.3022 - .3026 


/ 










01/01/96 




.3028 - .3030 


/ 










01/01/96 




10 NCAC 3H .3032 


/ 










01/01/96 







2606 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 



» 



I 



I 





Citation 


AD 


AM 


RP 


With 
Chgs 


COIT 


Eff. 
Date 


Temp. 
Expires 


.3101 


• 










01/01/96 




.3102 - .3103 


/ 






• 




01/01/96 




.3104 


/ 










01/01/96 




.3201 


/ 






• 




01/01/96 




.3202 


/ 










01/01/96 




.3301 - .3302 


/ 










01/01/96 




.3401 - .3404 


• 






/ 




01/01/96 




3M .0202 - .0205 




/ 




/ 




11/01/95 




.0207 




/ 




/ 




11/01/95 




3R .7001 - .7008 


/ 










10/01/95 


TEMP 


3U .0604 




/ 




/ 




01/01/96 




39D .0302 - .0303 




/ 




/ 




11/01/95 




42H .0911 




/ 








12/01/95 




42W .0001 - .0002 




/ 








11/01/95 




49C .0107 


/ 










12/01/95 


TEMP 


12 NCAC 7D .0808 




/ 








12/01/95 


TEMP 


9F .0101 - .0107 


/ 










11/01/95 


TEMP 


13 NCAC 7F .0201 










/ 






.0201 




/ 








10/01/95 




15A NCAC 2D .1301 - .1302 




/ 








10/23/95 


TEMP 


.1304 




/ 








10/23/95 


TEMP 


3J .0403 


/ 










10/16/95 


TEMP 77 DAYS 


3K .0105 




/ 








10/09/95 


TEMP 


3M .0503 




/ 








11/01/95 


TEMP 


10B .0115 




/ 








11/01/95 




IOC .0404 




/ 








12/01/95 




.0407 




/ 




/ 




12/01/95 




1 1 .0349 




/ 








11/22/95 


TEMP 


16 NCAC 6C .0101 




• 








10/10/95 


TEMP 


.0313 


/ 










10/10/95 


TEMP 


6D .0101 




/ 




/ 




11/01/95 




.0304 


/ 






/ 




11/01/95 




17 NCAC 6B .3905 


/ 










11/01/95 







i0:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2607 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


7B .0123 




/ 








11/01/95 




.4205 




/ 








11/01/95 




8 .0403 - .0407 






/ 






11/01/95 




.0503 - .0504 






/ 






11/01/95 




.0506 






/ 






11/01/95 




.0508 - .0509 






/ 






11/01/95 




.0603 - .0610 






/ 






11/01/95 




.0702 - .0706 






/ 






11/01/95 




.0901 - .0904 






/ 






11/01/95 




.1002 - .1003 






/ 






11/01/95 




.1102 - .1103 






/ 






11/01/95 




.1201 






/ 






11/01/95 




.1301 - .1302 






/ 






11/01/95 




.1501 






/ 






11/01/95 




.1505 






/ 






11/01/95 




.1511 






/ 






11/01/95 




.1601 - .1604 






/ 






11/01/95 




.1801 - .1802 






/ 






11/01/95 




9G .0102 






/ 






11/30/96 


TEMP 


.0104 - .0105 






/ 






11/30/96 


TEMP 


.0107 






/ 






11/30/96 


TEMP 


.0201 - .0203 






/ 






11/30/96 


TEMP 


.0301 - .0304 






• 






11/30/96 


TEMP 


.0306 






/ 






11/30/96 


TEMP 


.0402 - .0404 






/ 






11/30/96 


TEMP 


.0502 - .0509 






/ 






11/30/96 


TEMP 


.0512 






/ 






11/30/96 


TEMP 


.0514 






/ 






11/30/96 


TEMP 


.0516 






/ 






11/30/96 


TEMP 


9H .0102 - .0103 






/ 






11/30/96 


TEMP 


.0105 






/ 






11/30/96 


TEMP 


.0202 - .0203 






/ 






11/30/96 


TEMP 


17 NCAC 9H .0206 - .0210 






/ 






11/30/96 


TEMP 





2608 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 











LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.0302 - .0303 






/ 






11/30/96 


TEMP 


.0305 - .0306 






• 






11/30/96 


TEMP 


.0409 






/ 






11/30/96 


TEMP 






9K 


.0201 - .0206 


• 










01/01/96 


TEMP 


.0401 


/ 










01/01/96 


TEMP 


.0501 - .0513 


/ 










01/01/96 


TEMP 


.0601 - .0602 


/ 










01/01/96 


TEMP 






9L 


.0301 - .0302 


/ 










01/01/96 


TEMP 


.0401 - .0404 


/ 










01/01/96 


TEMP 


18 


NCAC 


4 


.0317- .0318 


/ 










11/10/95 


TEMP 


19A 


NCAC 


3D 


.0517 




/ 








11/01/95 


TEMP 


.0549 




/ 








11/01/95 


TEMP 


.0551 - .0553 


/ 










11/01/95 


TEMP 


21 


NCAC 


48H 


.0104 










/ 










52 


.1401 


/ 










10/01/95 








60 


.0105 






/ 






11/01/95 




.1103 




/ 




/ 




11/01/95 








68 


.0501 - .0511 


/ 










10/23/95 


TEMP 


.0601 - .0610 


/ 










10/23/95 


TEMP 


23 


NCAC 


2C 


.0108 


/ 






/ 




12/01/95 




.0211 


/ 






/ 




12/01/95 




.0306 


• 










12/01/95 




26 


NCAC 


2A 


.0101 - .0102 






/ 






11/01/95 


TEMP 


.0201 - .0212 






/ 






11/01/95 


TEMP 


.0301 






/ 






11/01/95 


TEMP 


.0303 






/ 






11/01/95 


TEMP 


.0401 - .0406 






/ 






11/01/95 


TEMP 


.0501 - .0507 






/ 






11/01/95 


TEMP 






2B 


.0101 






/ 






11/01/95 


TEMP 


.0103 - .0104 






/ 






11/01/95 


TEMP 


.0201 - .0204 






/ 






11/01/95 


TEMP 


.0301 - .0304 






/ 






11/01/95 


TEMP 


26 


NCAC 


2B 


.0401 






/ 






11/01/95 


TEMP 





10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2609 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2C .0101 - .0109 


/ 










11/01/95 


TEMP 


.0201 - .0206 


/ 










11/01/95 


TEMP 


.0301 - .0305 


/ 










11/01/95 


TEMP 


.0401 - .0409 


/ 










11/01/95 


TEMP 


.0501 - .0503 


/ 










11/01/95 


TEMP 


27 NCAC 1A .0203 




/ 








09/07/95 




IB .0104 




/ 








09/07/95 




.0108 




/ 








09/07/95 




ID .0606 




/ 








09/07/95 




.0902 - .0904 




/ 








09/07/95 




2 10.3 




/ 








09/07/95 





i 



2610 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 



JL he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


Key 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. Expires = Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 
NOVEMBER 95 
TITLE DEPARTMENT TITLE DEPARTMENT 



19A Transportation 

21 Occupational Licensing Boards 

1 - Acupuncture 

2 - Architecture 

12 - General Contractors 
19 - Electrolysis Examiners 
32 - Medical Examiners 
36 - Nursing 
25 State Personnel 



2 


Agriculture 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


Labor 


15A 


Environment, Health, 




and Natural Resources 


16 


Public Instruction 


17 


Revenue 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2 NCAC 48E .0101 






/ 






12/01/95 




.0201 - .0202 






/ 






12/01/95 




.0301 - .0304 






/ 






12/01/95 




.0401 - .0403 






/ 






12/01/95 




.0501 - .0503 






/ 






12/01/95 




.0601 






/ 






12/01/95 




10 NCAC 3C .3001 


/ 






/ 




01/01/96 




.3302 


/ 






/ 




01/01/96 




.3902 


/ 






/ 




01/01/96 




.4102 


/ 






/ 




01/01/96 




.4104 


/ 










01/01/96 




.4203 


/ 






/ 




01/01/96 




.4303 


/ 






• 




01/01/96 







70:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2611 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 

Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3C .4307 


/ 






/ 




01/01/96 




.4401 


/ 






/ 




01/01/96 




.4502 


/ 






/ 




01/01/96 




.4702 


/ 






/ 




01/01/96 




.4705 


/ 






/ 




01/01/96 




.4801 


/ 






/ 




01/01/96 




.5002 


/ 






/ 




01/01/96 




.5202 


/ 






/ 




01/01/96 




3H .2001 


/ 






/ 




01/01/96 




.2201 


/ 










01/01/96 




.2202 - .2203 


/ 






/ 




01/01/96 




.2206 


/ 










01/01/96 




.2212 


/ 






/ 




01/01/96 




.2301 - .2302 


/ 






/ 




01/01/96 




.2308 


/ 






/ 




01/01/96 




.2401 


/ 










01/01/96 




.2501 


/ 






/ 




01/01/96 




.2505 - .2506 


/ 










01/01/96 




.2601 


/ 






/ 




01/01/96 




.2605 - .2607 


/ 










01/01/96 




.2701 


/ 






/ 




01/01/96 




.2801 - .2802 


/ 










01/01/96 




.3002 - .3003 


/ 










01/01/96 




.3004 - .3005 


/ 






/ 




01/01/96 




.3011 - .3013 


/ 










01/01/96 




.3015 


/ 










01/01/96 




.3016 


/ 






/ 




01/01/96 




.3021 


/ 










01/01/96 




.3027 


/ 










01/01/96 




.3031 


/ 










01/01/96 




3L .0902 




/ 








02/01/96 




.0903 - .0907 




/ 




/ 




02/01/96 




.1001 - .1002 




/ 








02/01/96 







2612 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 



> 



I 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 3L .1003 




/ 




/ 




02/01/96 




.1005 - .1007 




/ 








02/01/96 




.1101 




/ 








02/01/96 




.1107 




/ 








02/01/96 




.1111 




/ 








02/01/96 




.1112 


/ 










02/01/96 




.1201 




/ 








02/01/96 




.1301 




/ 








02/01/96 




.1302 




/ 




/ 




02/01/96 




.1303 






/ 






02/01/96 




.1401 




/ 




/ 




02/01/96 




26G .0703 - .0705 




/ 








12/01/95 




26H .0508 




/ 








12/01/95 




261 .0101 




/ 




/ 




12/11/95 




.0102 




/ 




/ 




12/01/95 




.0103 




/ 




/ 




12/11/95 




.0104 - .0105 






/ 






12/01/95 




.0106 - .0107 




/ 




/ 




12/01/95 




49C .0107 




/ 








12/01/95 


TEMP 


11 NCAC 16 .0704 




/ 




/ 




12/01/95 




12 NCAC 7D .0201 




/ 








12/01/95 




.0301 




/ 




/ 




12/01/95 




.0401 




/ 




/ 




12/01/95 




.0701 




/ 








12/01/95 




.0706 




/ 








12/01/95 




.0801 




/ 








12/01/95 




.0806 




/ 








12/01/95 




.0902 




/ 








12/01/95 




.0904 




/ 








12/01/95 




8 .0103 




/ 








12/01/95 




9B .0205 




/ 








07/01/97 




10B .0102 






/ 






01/01/96 




.0103 




/ 




/ 




01/01/96 







10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2613 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


CoiT 


Eff. 
Date 


Temp. 
Expires 


12 NCAC 10B .0105 




/ 




• 




01/01/96 




.0204 




• 








01/01/96 




.0301 




• 








01/01/96 




.0304 




/ 




/ 




01/01/96 




.0307 




/ 








01/01/96 




.0401 




/ 








01/01/96 




.0402 - .0403 




/ 








01/01/96 




.0405 




• 




/ 




01/01/96 




.0407 - .0409 




/ 








01/01/96 




.0502 - .0503 




/ 




/ 




01/01/96 




.0505 




/ 








01/01/96 




.0601 - .0602 




/ 




/ 




01/01/96 




.0603 




/ 








01/01/96 




.0604 - .0605 




/ 




/ 




01/01/96 




.0606 - .0607 




/ 








01/01/96 




.0702 




/ 




/ 




01/01/96 




.0703 




/ 








01/01/96 




.0704 




/ 








01/01/96 




.0705 - .0706 




/ 








01/01/96 




.0801 




/ 




/ 




01/01/96 




.0802 - .0803 




/ 








01/01/96 




.0901 




/ 








01/01/96 




.0903 




/ 








01/01/96 




.0904 - .0905 




/ 




/ 




01/01/96 




.0906 




/ 








01/01/96 




.0908 - .0909 




/ 




/ 




01/01/96 




.0910- .0912 




/ 








01/01/96 




.1004 - .1005 




/ 




/ 




01/01/96 




.1201 




• 








01/01/96 




.1202 




/ 




/ 




01/01/96 




.1203 




/ 








01/01/96 




.1204- .1205 




/ 








01/01/96 




13 NCAC 7F .0101 




/ 








01/01/96 







2674 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 









LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


13 


NCAC 7F 


.0201 




/ 








01/01/96 




.0501 




• 








01/01/96 




15A 


NCAC 2B 


.0304 




• 




• 




01/01/96 




.0316 




• 








01/01/96 






2H 


.1002 - .1003 




/ 








12/01/95 




.1006 




/ 








12/01/95 






10F 


.0323 - .0324 




/ 








12/01/95 




16 


NCAC 6C 


.0401 




/ 








11/15/95 


TEMP 


17 


NCAC 6B 


.3905 










/ 






19A 


NCAC 4A 


.0004 




/ 








12/01/95 




21 


NCAC 1 


.0201 


/ 










12/01/95 




.0501 


/ 






/ 




12/01/95 




.0701 


/ 










12/01/95 






2 


.0208 




/ 








12/01/95 




.0301 




/ 








12/01/95 




.0302 




/ 




/ 




07/01/96 






12 


.0302 




/ 








12/01/95 




.0410 


/ 










12/01/95 






19 


.0104 


/ 










12/01/95 




.0204 


/ 






• 




12/01/95 




.0616 






/ 






12/01/95 






32B 


.0901 - .0902 


/ 










12/01/95 






32F 


.0003 




/ 








12/01/95 






32M 


.0001 




/ 




/ 




01/01/96 




.0005 - .0006 




/ 




/ 




01/01/96 






36 


.0401 - .0405 




/ 




/ 




12/01/95 




25 


NCAC ID 


.0401 




/ 








12/01/95 




.0406 




/ 




/ 




12/01/95 




.0504 




/ 




/ 




12/01/95 




.0510 - .0511 




/ 




/ 




12/01/95 




.0515 




/ 




/ 




12/01/95 




.0910 




/ 








12/01/95 




.1001 




/ 




/ 




12/01/95 







70:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2615 



LIST OF RULES CODIFIED 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


25 NCAC ID .1005 




/ 








12/01/95 




.1009 




/ 




/ 




12/01/95 




.1010 




/ 




• 




12/01/95 




.1928 




/ 




/ 




12/01/95 




.2601 - .2604 


/ 










12/01/95 




IE .0304 - .0305 




/ 




/ 




12/01/95 




.1001 




/ 








12/01/95 




.1002 




/ 








12/01/95 




.1110 




/ 








12/01/95 




1H .0628 






/ 






12/01/95 




11 .2301 




/ 








12/01/95 




.2302 - .2303 




/ 




/ 




12/01/95 




.2304 




/ 








12/01/95 




.2305 




/ 




/ 




12/01/95 




.2306 




/ 








12/01/95 




.2307 - .2308 




/ 




/ 




12/01/95 




.2309 


/ 






/ 




12/01/95 




.2310 


/ 










12/01/95 




U .0401 




/ 








12/01/95 




.0402 - .0403 






/ 






12/01/95 




.0404 




/ 




/ 




12/01/95 




.0405 






/ 






12/01/95 




.0406 




/ 








12/01/95 




.0407 - .0413 






/ 






12/01/95 




.0501 - .0502 




/ 








12/01/95 




.0503 - .0507 




/ 




/ 




12/01/95 




.0508 




/ 








12/01/95 




.0509 


/ 






/ 




12/01/95 




.0510 


/ 










12/01/95 




.0511 


/ 






/ 




12/01/95 




.0801 




/ 








12/01/95 




.0802 




/ 




/ 




12/01/95 




.0803 - .0804 






/ 






12/01/95 





2616 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


25 NCAC U .0805 




/ 








12/01/95 




.0806 - .0809 






• 






12/01/95 




IK .0318 




• 




/ 




12/01/95 




.0701 




/ 




/ 




12/01/95 




.0702 




/ 








12/01/95 




.0703 




/ 




/ 




12/01/95 




.0704 






/ 






12/01/95 




.0705 




/ 




/ 




12/01/95 




.0707 






/ 






12/01/95 




.0708 




/ 




/ 




12/01/95 




IL .0101 




/ 




/ 




12/02/95 




.0102 




/ 








12/02/95 




.0103 - .0104 




• 




• 




12/02/95 




, .0105 - .0106 






/ 






12/02/95 





I 



> 



i0:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2617 



RRC OBJECTIONS 



The Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-2 1.9(a). State 
agencies are required to respond to RRC as provided in G.S. 150B-2 1.12(a). 



AGRICULTURE 

Structural Pest Control Division 

2 NCAC 34 .0904 - Prohibited Acts 
Agency Revised Rule 

COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0301 - Admission to Colleges 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

15 A NCAC 16A .1002 - Covered Medications 

Agency Revised Rule 
15A NCAC 16A . 1005 - Application Process 

Agency Revised Rule 



Coastal Management 



15 A NCAC 7B .0101 
Agency Revised 
15 A NCAC 7B .0201 
Agency Revised 
15 A NCAC 7B .0204 
15 A NCAC 7B .0206 
15 A NCAC 7B .0207 
15 A NCAC 7B .0210 
15A NCAC 7B .0211 
15 A NCAC 7B .0212 
15 A NCAC 7B .0213 
15 A NCAC 7B .0215 
15 A NCAC 7B .0401 
15A NCAC 7B .0402 
15 A NCAC 7B .0501 



- Purpose 
Rule 

- Contents of the Land Use Plan 
Rule 

- Goals and Objectives 

- Data Collection and Analysis 

- Present Conditions 

- Constraints 

- Estimated Demands 

- Policy Statements 

- Land Classification 

- Public Participation 

- Land Use Plan Amendment 

- Public Hearing Required 

- Update Required 



Environmental Health 

15 A NCAC 18A .1809 - Lavatories and Baths 

Agency Revised Rule 
15 A NCAC 18A .1811 - Drinking Water Facilities 

Agency Revised Rule 
15A NCAC 18A . 1814 - Disposal of Garbage and Trash: Premises 

Agency Revised Rule 
15A NCAC 18A . 1818 - Food Service 

Agency Revised Rule 

HUMAN RESOURCES 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



10/18/95 
10/18/95 



12/21/95 
12/21/95 



RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Cont 'd 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Cont 'd 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 


RRC 


' Objection 


12/21/95 



RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 


RRC 


' Objection 


12/21/95 


Obj. 


Removed 


12/21/95 



2618 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RRC OBJECTIONS 



Services for the Blind 



10 NCAC 19G .0501 - Benefits 

Agency Revised Rule 
10 NCAC 19G .0502 - Economic Needs Policies 

Agency Revised Rule 

Facility Services 

10 NCAC 3C .3001 - Definitions 

No Response from Agency 

Agency Revised Rule 

Agency Filed Ride for Codification Over RRC Objection 
10 NCAC 3C .3108 - Suspension of Admissions 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3205 - Discharge of Minor or Incompetent 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3302 - Minimum Provisions of Patient's Bill of Rights 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3502 - Bylaws 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3602 - Responsibilities 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3603 - Personnel Policies and Practices 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3607 - Personnel Health Requirements 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3608 - Insurance 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3704 - Status 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .3902 - Manager 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .3904 - Patient Access 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4003 - Policies and Procedures 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4102 - Classification of Optional Emergency Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4104 - Medical Director 

No Response from Agency 



RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


12/21/95 


Obj. Removed 


12/21/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


Eff 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2619 



RRC OBJECTIONS 



Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .4203 - Nursing Staff 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4303 - Nursing Services Maternal Sendees 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4307 - Nursing Staff of Neonatal Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4401 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4502 - Pharmacist 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4508 - Space 

RRC Rescinded its July Approval 

Rule Withdrawn by Agency 
10 NCAC 3C .4512 - Medications Dispensed 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4702 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4703 - Sanitation and Safety 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4704 - Distribution of Food 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .4705 - Nutritional Support 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4801 - Organization 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .4905 - Tissue Removal and Disposal 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5002 - Delivery of Care 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5201 - Psychiatric/Substance Abuse Svcs.: Applicability of Rules 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5202 - Definitions Applicable/Psychiatric/Substance Abuse Svcs. 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



Eff. 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 



Eff 



10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 

10/18/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 



2620 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RRC OBJECTIONS 



No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3C .5205 - Seclusion 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3C .5302 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5309 - Nursing/Health Care Administration and Supervision 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5315 - Dental Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5318 - Activities and Recreation 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5319 - Social Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5322 - Brain Injury Extended Care Physician Services 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5323 - Brain Injury Extended Care Program Requirements 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5324 - Special Nursing Req. Brain Injury Long Term Care 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5325 - Ventilator Dependence 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5326 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5403 - HIV Designated Unit Policies and Procedures 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5405 - Physician Services in a HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5407 - Use of Investigational Drugs on the HIV Designated Unit 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5501 - Definitions 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration 

No Response from Agency 

Rule Withdrawn by Agency 
10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. 

No Response from Agency 

Rule Wtihdrawn by Agency 



Obj. Cont'd 


09/21/95 


Obj. Cont'd 


10/18/95 


Eff. 


01/01/96 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 


RRC Objection 


07/13/95 


Obj. Cont'd 


09/21/95 




10/18/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2621 



RRC OBJECTIONS 



10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients 
No Response from Agency 
Rule Withdrawn by Agency 

10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients 
No Response from Agency 
Rule Withdrawn by Agency 

10 NCAC 3C .6102 - List of Referenced Codes and Standards 
No Response from Agency 
Agency Revised Rule 

10 NCAC 3C .6208 - Obstetrical Department Requirements 
No Response from Agency 
Agency Revised Rule 

10 NCAC 3H .2001 - Definitions 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2201 - Administrator 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2202 - Admissions 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2203 - Patients Not to be Admitted 
No Response from Agency 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2206 - Medical Director 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2209 - Infection Control 
No Response from Agency 
Agency Revised Rule 

10 NCAC 3H .2212 - Quality Assurance Committee 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2301 - Patient Assessment and Care Planning 
No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2302 - Nursing Services 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements 
No Response from Agency- 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2401 - Maintenance of Medical Records 
No Response from Agency- 
Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2501 - Availability of Physician's Services 
No Response from Agency 



RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 


Obj. Removed 




10/18/95 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 
10/18/95 




Eff. 


01/01/96 


RRC Objection 




07/13/95 


Obj. Cont'd 




09/21/95 



2622 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RRC OBJECTIONS 



> 



> 



Rule Returned to Agency- 
Agency Filed Rule for Codification Over RRC Objection 

10 NCAC 3H .2505 - Brain Injury Long-Term Care Physician Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2506 - Physician Services for Ventilator Dependent Patients 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2601 - Availability of Pharmaceutical Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2604 - Drug Procurement 

No Response from Agency 

Agency Revised Rule 
10 NCAC 3H .2605 - Drug Storage and Disposition 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2606 - Pharmaceutical Records 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2607 - Emergency Drugs 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2701 - Provision of Nutrition and Dietetic Services 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2801 - Activity Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .2802 - Social Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3002 - Quality of Specialized Rehabilitation Services 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3003 - Ventilator Dependence 

No Response from Agency 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3004 - Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3H .3005 - Special Nursing Req. for Brain Injury Long-Term Care 

No Response from Agency 

Agency Revised Rule 

Agency Filed Rule for Codification Over RRC Objection 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 



Eff 



Eff 



Eff 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 



Eff 



RRC Objection 
Obj. Cont'd 
Obj. Cont'd 

RRC Objection 
Obj. Cont'd 
Obj. Cont'd 



Eff 



Eff 



Eff 



10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 
07/13/95 
09/21/95 
10/18/95 
01/01/96 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2623 



RRC OBJECTIONS 



10 NCAC 3H .3011 - HIV Designated Unit Policies and Procedures RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3012 - Physician Services in an HIV Designated Unit RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3015 - Use of Investigational Drugs for HIV Designated Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3016 - Additional Social Work Req. for HIV Designated Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3021- Physician Req. for Inpatient Rehab. Facilities or Units RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3027 - Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3031 - Additional Req. for Spinal Cord Injury Patients RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Rule Returned to Agency 10/18/95 

Agency Filed Rule for Codification Over RRC Objection Eff. 01/01/96 

10 NCAC 3H .3103 - Site RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Removed 10/18/95 

10 NCAC 3H .3201 - Required Spaces RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Removed 10/18/95 

10 NCAC 3H .3401 - Heating and Air Conditioning RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Removed 10/18/95 

10 NCAC 3H .3404 - Other RRC Objection 07/13/95 

No Response from Agency Obj. Cont'd 09/21/95 

Agency Revised Rule Obj. Removed 10/18/95 



RRC has Objected on 07/13/95 to the Following Repeals in 
10 NCAC 3C .0101 - .0102, .0104 - .0110, .0201 - .0203, 
.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - 
.1405, .1501 - .1508, .1510, .1601 - .1606, .1701 - .1717, 
No Response from Agency 



10 NCAC 3C . 1901 - . 1912, . 1915 - 
No Response from Agency- 
Rules Returned to Agency 
10 NCAC 3H .0108 - .0109, .0206 
.0705 - .0712, .0810 - .0812, .0903 



.1932, .2001 - .2008, .2020 - .2033 



.0220, .0306 - 
.0911, .1003 - 



0318, 
1008, 



10 NCAC 3C and 10 NCAC 3H: 

.0301 - .0307, .0401 - .0407, .0501 - .0505, 

. 1006, .1101 - .1102, .1201 - . 1204, .1301 - 

.1801 - .1805, .2101 - .2105. 

Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



. 1210. . 1306 - . 1308, . 1405 - . 1406, . 1408 - . 1410, . 1501 



.0407 - .0409, .0505 - .0507, .0510 - .0517, 
.1105 - .1109, .1130- .1136, .1150 - .1163, 
. 1503, . 1612 - . 1613, .1703 - .1704, . 1804 



0601 - .0604, 
1303, . 1401 - 

09/21/95 
10/18/95 

07/13/95 

09/21/95 

10/18/95 

0605 - .0609, 

1204 - . 1208, 

. 1807. 



2624 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RRC OBJECTIONS 



No Response from Agency 



10 NCAC 3L .0901 

Rule Returned 
10 NCAC 3L . 1004 

Rule Returned 
10 NCAC 3L. 1102 

Rule Returned 
10 NCAC 3L . 1103 

Rule Returned 
10 NCAC 3L. 1105 

Rule Returned 
10 NCAC 3L. 1106 

Rule Returned 
10 NCAC 3L. 1108 

Rule Returned 
10 NCAC 3L . 1 109 

Rule Returned 
10 NCAC 3L. 11 10 

Rule Returned 
10 NCAC 3L . 1202 

Rule Returned 
10 NCAC 3L . 1402 - 

Medical Assistance 



■ Definitions 
to Agency 

- Evaluation 
to Agency 

- Nursing Services and Duties 
to Agency 

- Physical Therapy Services 
to Agency 

- Occupational Therapy Services 
to Agency 

- Medical Social Work Services 
to Agency 

- Infusion Nursing Services 
to Agency 

- Clinical Respiratory Svcs, Including Pulmonary, or Ventilation Svcs 
to Agency 

- Supvn I Competency I In-Home Aides/Other In-Home Care Providers 
to Agency 

- Case Review and Plan of Care 
to Agency 

Content of Record 



10 NCAC 261 .0101 - Purpose and Scope 

Rule Returned to Agency 
10 NCAC 261 .0102 - Requests for Formal and Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0103 - Time Limits on Requests for Recipient /Applicant Informal Appeals 

Rule Returned to Agency 
10 NCAC 261 .0106 - Payment Pending Appeals 

Rule Returned to Agency 
10 NCAC 261 .0107 - Dismissal of Appeal 

Agency Revised Rule 



Obj. Cont'd 


09/21/95 


Obj. Removed 


10/18/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


Obj. Cont'd 


12/21/95 


RRC Objection 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Cont'd 


11/16/95 


RRC Objection 


10/18/95 


Obj. Removed 


10/18/95 



JUSTICE 



N.C. Sheriffs' Education and Training Standards Commission 



12 NCAC 10B .0102 - Purpose 

Agency Repealed Rule 
12 NCAC 10B .0503 - Time Re ql Completion /Basic Law Enforcement Training Course 

Agency Revised Rule 
12 NCAC 10B .0602 - Time Req/Completionl /Jailer Cert Training Course 

Agency Revised Rule 
12 NCAC 10B .0605 - Completion of Jailer Certification Course 

Agency Revised Rule 
12 NCAC 10B .0704 - Responsibilities: School Directors 

Agency Revised Rule 



RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 


RRC Objection 


11/16/95 


Obj. Removed 


11/16/95 



LICENSING BOARDS AND COMMISSIONS 



Acupuncture Licensing Board 

21 NCAC 1 .0501 - Qualifications for Establishing a School for Acupuncture in N.C. RRC Objection 



11/16/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2625 



RRC OBJECTIONS 



Agency Revised Rule 

Board of Architecture 

21 NCAC 2 .0302 - Written Examination 
Agency Revised Rule 

Board of Dietetics/Nutrition 

21 NCAC 17 .0201 - Definitions 
Board of Medical Examiners 

21 NCAC 32M .0006 - Prescribing Privileges 

Agency Revised Rule 
21 NCAC 32N .0002 - Continuances 

Agency Responded - Agency Will Not Revise Rule 

Board of Nursing 



Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



11/16/95 



11/16/95 
11/16/95 



12/21/95 



11/16/95 
11/16/95 
08/10/95 
09/21/95 



21 NCAC 36 .0109 - Selection and Qualifications of Nurse Members 


RRC Objection 


12/21/95 


Agency Re\ised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0211 - Examination 


RRC Objection 


12/21/95 


Agency Revised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0217 - Revocation, Suspension, or Denial of License 


RRC Objection 


12/21/95 


Agency Revised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0218 - Licensure Without Examination (By Endorsement) 


RRC Objection 


12/21/95 


Agency Revised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0225 - Components of Nursing Practice for the Licensed Practical Nurse 


RRC Objection 


12/21/95 


Agency Revised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0227 - Approval and Practice Parameters for Nurse Practitioners 


RRC Objection 


12/21/95 


Agency Revised Rule 


Obj. Removed 


12/21/95 


21 NCAC 36 .0403 - Qualifications 


RRC Objection 


11/16/95 


Agency Revised Rule 


Obj. Removed 


11/16/95 


21 NCAC 36 .0404 - Registration 


RRC Objection 


11/16/95 


Agency Revised Rule 


Obj. Removed 


11/16/95 


21 NCAC 36 .0405 - Approval of Nurse Aide Education Programs 


RRC Objection 


11/16/95 


Agency Revised Rule 


Obj. Removed 


11/16/95 



Board of Practicing Psychologists 

21 NCAC 54 .2704- HSP-P Requirements On and After June 30, 1994 
Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 

21 NCAC 54 .2705 - HSP-PP Requirements 

Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 

21 NCAC 54 .2706 - HSP-PA Requirements On and After June 30, 1994 
Agency Filed Rule for Codification Over RRC Objection 
The Commission Removed Its Previous Objection 

PUBLIC EDUCATION 



RRC Objection 

Obj. Removed 
RRC Objection 

Obj. Removed 
RRC Objection 

Obj. Removed 



Eff. 



Eff. 



Eff. 



05/18/95 
06/21/95 
12/21/95 
05/18/95 
06/21/95 
12/21/95 
05/18/95 
06/21/95 
12/21/95 



Elementary and Secondary Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 
Rule Withdrawn by Agency 



10/18/95 



2626 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



RRC OBJECTIONS 



> 



SECRETARY OF STATE 
Securities Division 

18 NCAC 6 . 1209 - Nonprofit Securities 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 . 1314 - Escrow Agreements 

Rule Returned to Agency 
18 NCAC 6 .1401 - Application for Registration of Dealers 

Agency Revised Rule 

Rule Returned to Agency 
18 NCAC 6 .1702 - Application for Investment Adviser Registration 

Agency Revised Rule 

Rule Returned to Agency 

STATE PERSONNEL 
Office of State Personnel 

25 NCAC U .0505 - Leave to Prepare Grievance 

Agency Revised Rule 
25 NCAC 1J .0509 - Agency Grievance Reports 

Agency Revised Rule 
25 NCAC 1J .0802 - Awards Committee 

Agency Revised Rule 
25 NCAC IK .0318 - Tax Status 

Agency Revised Rule 
25 NCAC IK .0705 - Program Participation 

Agency Revised Rule 
25 NCAC 1L .0104 - Program Implementation: Department and University Level 

Agency Revised Rule 
25 NCAC 1L .0106 - Compliance Information 

Agency Repealed Rule 



RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 


RRC Objection 


08/10/95 


Obj. Cont'd 


08/10/95 




09/21/95 



RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 


RRC 


Objection 


11/16/95 


Obj. 


Removed 


11/16/95 



> 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2627 



CONTESTED CASE DECISIONS 



1 his Section contains the fall text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



M.KMV 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration. 95 DOA 0194 
Div. of Purchase & Contract, et al. 



Nesnow 
Phipps 



03/06/95 
06/13/95 



State Construction Office 

W. M. Piatt &, Company v. State Construction Office, DOA 94 DOA 0738 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Nesnow 
Nesnow 



04/11/95 
06/01/95 



10:03 NCR 
10:07 NCR 



221 
619 



Aii Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Ben Sproul and Steve Pauls v. Alcoholic Beverage Control Comm. 
Albert Stanley Tomanee v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Vladimir Walter Kozlik Jr. v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Whitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm v. Thomas Henry Dodson 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Taleb Abed Rahman v. Alcoholic Beverage Control Commission 
Sherrill Douglas Langston v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 
Ali Mohamed Ahmed v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Vladimir Walter Kozlik Jr. 
Mychal R Hill v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Goldstar Food, Inc. 
Collie Hawkins v. Alcoholic Beverage Control Commission 
Alcoholic Bev Cont Comm. v. Partnership, T/A Royal Knights Soc Club 
Alcoholic Beverage Control Commission v. Lebby Rhew Allen 
Alcoholic Beverage Control Comm. v. Nancy Wheeler Wolfe 
Mustafa Yacoub Salameh v. Alcoholic Beverage Control Commission 
John Edsel Rhodes v. Alcoholic Beverage Control Commission 
Sadiq Deeb Ali, Patricia Billings v. Alcoholic Beverage Control Comm. 
Samih Atieh Hadi v. Alcoholic Beverage Control Commission 
Sticks and Stones Billiards &. Cafe v. Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. v. The Playground, Inc. 
Alcoholic Beverage Control Comm. v. Judy Fields Salamone 
Alcoholic Beverage Control Comm. v. Ronald Shankle Hardman 
Nathaniel Stubbs v. Alcoholic Beverage Control Commission 



94 ABC 0526 


Chess 


05/16/95 




94 ABC 0787 


Gray 


03/17/95 




94 ABC 1046 


Chess 


08/17/95 




94 ABC 1168 


Beclon 


03/07/95 




94 ABC 1661 


West 


05/01/95 




94 ABC 1682 


Chess 


05/03/95 




94 ABC 1694 


Mann 


03/29/95 




94 ABC 1727 


Morrison 


05/18/95 




94 ABC 1729 


Chess 


05/11/95 




94 ABC 1754* 12 


Mann 


08/02/95 


10:11 NCR 960 


94 ABC 1784 


Mann 


04/19/95 




94 ABC 1803 


Mann 


04/07/95 




95 ABC 0068 


West 


06/07/95 




95 ABC 0074 


Chess 


05/25/95 




95 ABC 0095 


Phipps 


12/01/95 




95 ABC 0210 


Gray 


05/01/95 




95 ABC 0224 


Nesnow 


05/31/95 


10:06 NCR 417 


95 ABC 0323 


Phipps 


08/02/95 




95 ABC 0415 


Nesnow 


08/01/95 


10:10 NCR 868 


95 ABC 0434 


West 


07/20/95 




95 ABC 0477 


Phipps 


07/14/95 




95 ABC 0487 


Gray 


10/03/95 




95 ABC 0518*'= 


Mann 


08/02/95 


10:11 NCR 960 


95 ABC 0617 


Morrison 


09/08/95 




95 ABC 0678 


Gray 


10/30/95 




95 ABC 0696 


Gray 


10/06/95 




95 ABC 0711 


Phipps 


09/14/95 




95 ABC 0712 


Gray 


10/04/95 




95 ABC 0713 


Phipps 


09/14/95 




95 ABC 0763 


Gray 


12/01/95 




95 ABC 0792 


Nesnow 


10/25/95 




95 ABC 0830 


Beaton 


11/29/95 




95 ABC 0867 


Gray 


12/14/95 




95 ABC 0888 


Chess 


12/14/95 




95 ABC 0935 


Phipps 


12/19/95 




95 ABC 0990 


Morrison 


12/29/05 




95 ABC 1020 


Reilly 


12/19/95 




95 ABC 1094 


Gray 


12/20/95 





2628 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



BOARD OF CHIROPRACTIC EXAMINERS 

Robert J. Manna, DC. v. Board of Chiropractic Examiners 
CRIME CONTROL AND PUBLIC SAFETY 

Patrick O. Hawkins v. Office of Administrative HearingB 

Crime Victims Compensation Commission 

John Pavlikianidis v. Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Phyllis H. Steinmelz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shirley Moody Myers v. Crime Victims Compensation Commission 

Thomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordos v. Crime Victims Compensation Commission 

Fay, Cynthia, S. Dalton v. Crime Victims Compensation Commission 

Ellen Sherwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Anthony Harold Stone v. Crime Victims Compensation Commission 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS, Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Percible Gaston v. Crime Victims Compensation Commission 

Horton Edward v. Crime Victims Compensation Commission 

David Leo Rice v. CPS, Crime Victims Compensation Commission 

Janet Ring Stevens v. Crime Victims Compensation Commission 

Michael A. Herd v. Crime Victims Compensation Commission 

Juan Aguilar v. Crime Victims Compensation Commission 

Albert Lionell MeadowB v. Crime Victims Compensation Commission 

John Kuwalik v. Crime Victims Compensation Commission 

Sandra Jones v. Crime Victims Compensation Commission 

Edsel Batts Jr. v. CPS, Crime Victims Compensation Commission 

James T. Todd v. Crime Victims Compensation Commission 

Mark Edward Altman v. CPS, Crime Victims Compensation Commission 

Fred McMillan v. Victims Compensation Commission 

Brandi Faith Blalock, Dorothy Smith Blalock v. Crime Vic Comp Comm. 

Roland Lee Kelly, Jr. v. United Family Svcs, Vic Assis/Crime Vic. Comp 

Diane B. Commander v. Crime Victims Compensation Commission 

Danny Ray Bell v. Crime Victims Compensation Commission 

Margie Lunsford v. Crime Victims Compensation Commission 

Donald Ray Williams v. Crime Victims Compensation Commission 

Jill M. LaSanta v. Crime Victims Compensation Commission 

Melia Ann Adkins Stopa v. Crime Victims Compensation Commission 

BOARD OF ELECTROLYSIS EXAMINERS 



95 BOC 1105 West 



95 CPS 0361 



Phipps 



10/20/95 



08/01/95 



94 CPS 0237 


Morrison 


03/21/95 


10:02 NCR 176 


94 CPS 0445** 


West 


05/30/95 




94 CPS 0542 


West 


05/16/95 




94 CPS 1 177 


Mann 


06/12/95 




94 CPS 1180 


Becton 


03/07/95 




94 CPS 1600 


Morrison 


06/09/95 




94 CPS 1673 


Chess 


04/20/95 




94 CPS 1674 


Chess 


04/20/95 




94 CPS 1731 


Nesnow 


03/09/95 




94 CPS 1782 


Gray 


03/09/95 




95 CPS 0010** 


West 


05/30/95 




95 CPS 0012 


West 


03/22/95 




95 CPS 0115 


Chess 


08/22/95 




95 CPS 0163 


Reilly 


07/06/95 




95 CPS 0181 


West 


06/21/95 




95 CPS 0212 


Morrison 


05/08/95 




95 CPS 0245 


Reilly 


06/02/95 




95 CPS 0270 


Gray 


06/13/95 




95 CPS 0331 


Phipps 


07/25/95 




95 CPS 0335 


Morrison 


09/15/95 




95 CPS 0337 


Gray 


07/21/95 




95 CPS 0349 


Chess 


08/15/95 




95 CPS 0356 


Reilly 


06/22/95 




95 CPS 0373 


Gray 


09/27/95 




95 CPS 0381 


Becton 


07/10/95 




95 CPS 0427 


Nesnow 


06/02/95 




95 CPS 0456 


Phipps 


09/29/95 




95 CPS 0459 


Nesnow 


09/26/95 


10:15 NCR 1624 


95 CPS 0461 


West 


07/25/95 




95 CPS 0481 


Phipps 


10/12/95 




95 CPS 0540 


Phipps 


10/10/95 


10:15 NCR 1628 


95 CPS 0568 


Phipps 


08/09/95 




95 CPS 059 1 


Nesnow 


10/19/95 




95 CPS 0737 


Reilly 


09/11/95 




95 CPS 0779 


Becton 


09/19/95 




95 CPS 0788 


Nesnow 


11/17/95 




95 CPS 1029 


Reilly 


10/25/95 




95 CPS 1185 


Nesnow 


12/05/95 





Diane Rawls v. Board of Electrolysis Examiners 
Kimberly P. Costner v. Board of Electrolysis Examiners 
Anna G. Gahren v. Board of Electrolysis Examiners 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



95 BEE 0173 


West 


08/03/95 


95 BEE 0893 


West 


01/03/96 


95 BEE 0894 


West 


12/22/95 



James J. Collins, Admin, for James Joseph Collins, ME-91-1173, 

Deceased v. Environment, Health, & Natural Resources 
Concrete Supply Company v. Environment, Health, & Natural Resources 
Setzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Health, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 

Shugart Enterprises, Inc. 
Richard A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 95 EHR 0311*" 



92 EHR 0300 


Nesnow 


94 EHR 0950 


Gray 


94 EHR 1676 


Nesnow 


94 EHR 1756 


Becton 


95 EHR 0016 


Phipps 



Gray 



12/15/95 

05/23/95 
03/09/95 
06/30/95 
11/03/95 



12/19/95 



10:19 NCR 2539 
10:06 NCR 414 



10:08 NCR 696 
10:17 NCR 2279 



10:20 NCR 265 1 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2629 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Richard A. Jenkins v. NC Water Pollution Control Sys. Op. Cert. Comm. 
Browning-Ferris Ind. of S. Atlantic. Inc. and Sampson Cty. Disposal. Inc. 
V. Dept. of Environment, Health, and Natural Resources, 

and 

Hoke County and Bladen County 
Bruce Wike v. Environment, Health, & Natural Resources 



95 EHR 0437*" 
95 EHR 0506 



95 EHR 0560 



Carteret County Health Department 

Elmer & Pandora Edwards v. Carteret County Health Department 95 EHR 0075 

Chatham County Department of health 

Persimmon Hill Homeowners Assoc v. EHNR, Chatham Cty Dept Health 95 EHR 1064 
Coastal Resources 



95 EHR 0009 



95 EHR 0140 



94 EHR 1037 



William C Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept., EHNR 

Environmental Health 

EEE-ZZZ Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 

Division of Environmental Health 
Jerry C Owens v. District Health Department, EHNR 
Kenilh &. Shirley L. Barrett v. Montgomery Cty Hlth Dept. Env. Health 

Environmental Management 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 
and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt 
and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
Moffitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 
Rodney Brent Becker, et al. v. Div. of Environmental Mgmt, EHNR 
and 
Federal Paper Board Company, Inc. 
Burke Oil Company v. EHNR, Division of Environmental Management 
Minnie Kelly Hunt; William Hunt; Sunset Beach Taxpayers Assoc. & NC 
Coastal Federation v. Environment. Health, and Natural Resources 

and 
South Brunswick Water &. Sewer Auth.; Brunswick County; Town of 
Calabash; and Town of Sunset Beach 



Division of Epidemiology 

Mark Bryant Slocksdale & Wife, Cathie v. EHNR, Div. of Epidemiology 95 EHR 0059 



Gray 
West 



West 



Nesnow' 



Morrison 



Chess 



Phipps 



Chess 



12/19/95 
06/13/95 



11/15/95 



10/24/95 



12/29/95 



06/13/95 



03/22/95 



03/13/95 



10:20 NCR 2651 



94 EHR 0745 


Chess 


04/24/95 


95 EHR 0649 


Reilly 


12/08/95 


95 EHR 0736 


Gray 


12/13/95 



91 EHR 1179* 3 


West 


05/30/95 


92 EHR 0021-' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273* 5 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 


95 EHR 0390 


Chess 


11/20/95 


95 EHR 0616 


West 


12/13/95 


95 EHR 0828 


West 


12/14/95 



10:02 NCR 185 



Reilly 



10/30/95 



-* Consolidated cases. 



2630 



NORTH CAROLINA REGISTER 



January 15, 1996 10:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AIJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 94 EHR 0924 Gray 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 94 EHR 1202 Nesnow 



Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 
Maternal and Child Health 



94 EHR 1786 Chess 



Jimmy Franklin v. EHNR Maternal & Child Hlth, Nutrition Services 94 EHR 0288 Gray 

Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 94 EHR 1601 Chess 

Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 94 EHR 1711 Chess 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 94 EHR 1777 Chess 

Food City, Inc. v. Dept of Environment, Health, & Natural Resources 95 EHR 0372 Reilly 

Cameron Brian White v. EHNR, Maternal & Child Health, Nutrition Svcb.95 EHR 0687 Nesnow 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 95 EHR 0706* u Reilly 

Sameer Mohammed Dari v. EHNR, Maternal & Child Health, Nutn Svcs. 95 EHR 0853 Gray 

Food Mart #14, Cyntha Harris, EHNR, Maternal & Child Hlth, Nutn Svcs95 EHR 0862 Chess 

Goldston Grocery, Larry Mis v. EHNR, Div. of Maternal & Child Health 95 EHR 0869 Becton 

Barbara R. Amer d/b/a 311 Grocery Store v. EHNR 95 EHR 0874* u Reilly 

Kenneth Callicutt, Seagrove Grocery v. Nutrition Services Section 95 EHR 0878 Chess 

Donnie Blalock v. EHNR, Maternal & Child Health, Nutrition Svcs. 95 EHR 0892 Gray 

Sew Hanover County Health Department 

Gus Kalogiros v. New Hanover Co. (Health Dept.), Adm & Env. Svcs 94 EHR 1073 Morrison 

Pitt County Public Health Center 

Mary Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 Gray 

Tony P. Moore v. EHNR, & Pitt County Public Health Center 95 EHR 0537 Reilly 

Division of Solid Waste Management 

Cherokee Resources Inc. v. EHNR, Div. of Solid Waste Management 92 EHR 1028 Phipps 

Joyce Hildreth v. EHNR, Division of Solid Waste Management 95 EHR 0851 Morrison 

Wayne County Department of Health 

Habib Abdallah v. Wayne County Department of Health (WIC Program) 95 EHR 0864 Phipps 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEO 0379 Chess 

HUMAN RESOURCES 



Veronica Spearman, John P. Spearman v. Dept. of Human Resources 
Sandra Jean Taylor v. Department of Human Resources 
Claudia Toriola v. Department of Human Resources 

Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 

Samuel Simmons & Wife, Alphia Mack Simmons v. Human Resources 

Willie & Pamela Sturgess v. DHR, Division of Child Development 

Esther Elder v. DHR, Division of Child Development 

Theresa B. Thomas v. DHR, Division of Child Development 

Ellen H. Sams v. DHR, Division of Child Development 

Dixie Jenkins v. DHR, Division of Child Dev., Elizabeth Alexander 

Hill Street Day Care Center v. DHR, Division of Child Development 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 



94 DHR 0849 


Mann 


94 DHR 1362 


Becton 


94 DHR 1617 


Gray 


94 DHR 1631 


Reilly 


94 DHR 1771 


Reilly 


95 DHR 0268 


Morrison 


95 DHR 0293 


Phipps 


95 DHR 0315 


West 


95 DHR 0407 


Chess 


95 DHR 0450 


Phipps 



03/09/95 



03/27/95 



05/22/95 



05/22/95 
05/01/95 
05/02/95 
03/09/95 
08/10/95 
10/19/95 
10/23/95 
10/10/95 
12/28/95 
09/13/95 
10/23/95 
12/13/95 
09/14/95 



04/28/95 



06/27/95 
10/09/95 



09/29/95 
09/13/95 



09/27/95 



04/03/95 



95 DHR 0216 


Reilly 


06/02/95 


95 DHR 0366 


Reilly 


07/19/95 


95 DHR 0507 


West 


10/18/95 



03/03/95 
03/20/95 
09/13/95 
07/10/95 
03/17/95 
07/14/95 
08/08/95 
08/25/95 
10/13/95 
06/02/95 



10:14 NCR 1410 



10:13 NCR 1205 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2631 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Dallas & Friends Daycare Home, Sandra Seven v. DHR, Div. Child Dev. 95 DHR 0633 
Reccille Beamon v. DHR, Division of Child Development 95 DHR 0999 

Lana S. Grant, Little Ranchers Daycare v. DHR, Div. of Child Dev. 95 DHR 1009 

Jean Davidson v. DHR, Division of Child Development 95 DHR 1237 

Division of Facility Services 



William H. Cooke v. DHR, Division of Facility Services 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Services 

Domiciliary & Group Care Section 
Lisa Marie Shanks v. Department of Human Resources 
Brenda I. McAllister v. DHR, Division of Facility Services 
Henry Brown, Sr. v. Department of Human Resources 



Chess 
West 
Reilly 
West 



Bingo Licensure Section 



95 DHR 0040 Morrison 



The Regular Veterans Association of the United States and the Sixteen 
Posts of the Regular Veterans Association of the United States and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Need Section 

The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/h/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198* 2 Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/b/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 94 DHR 0403 Chess 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 
Gordon G. Koltis, M.D., Carolina Radiation & Cancer Treatment Center, 94 DHR 1820 Chess 

PA., and Carolina Radiation Medicine, PA. v. DHR, Div. of Facility 

Services, Certificate of Need Section, 
and 

Pitt County Memorial Hospital, Inc. 

Office of Emergency Medical Services 
Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 
Medical Facilities Licensure Section 



Shelia Marie Hall v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 
Joe Junior Bailey v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 
Linda Faye Taylor v. DHR, Div/Facility Svcs., Med. Facilities Lie. Sec. 
Evangeline of King, Inc. v. DHR, Div/Fac Svcs, Med. Facilities Lie. Sec. 
Nicole Murphy v. DHR, Div/Facility Svcs, Med. Facilities Lie. Sec. 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 
D.A., by and through his agent and personal representative. Hank Neal 

v. DHR, Division of Medical Assistance 
Stephen K., & Christopher & Katina Komorek v. DHR, Med Assistance 



12/05/95 
12/20/95 
12/14/95 
12/18/95 



94 DHR 0565 


Gray 


03/16/95 


94 DHR 1783 


Gray 


03/16/95 


95 DHR 0121 


West 


08/03/95 


95 DHR 0149 


West 


09/11/95 


95 DHR 0526 


Becton 


10/05/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



09/25/95 



05/16/95 



95 DHR 0307 


Nesnow 


08/11/95 


95 DHR 0322 


Becton 


09/13/95 


95 DHR 0410 


Morrison 


11/09/95 


95 DHR 0413 


Reilly 


08/14/95 


95 DHR 0863 


Becton 


10/20/95 



93 DHR 1736 


Reilly 


05/22/95 


93 DHR 1737 


Reilly 


05/22/95 


94 DHR 1170 


Reilly 


10/18/95 



10:06 NCR 409 



2632 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



» 



> 



> 



AGENCY 



Division of Social Services 

Cecilia Y. Wall, William S. Wall v. Department of Human Resources 
Deborah Kirby, Leslie Saleeby v. Department of Human Resources 
Sandra M. Hawkins v. DHR, Division of Social Services 
Robert A. Byers, Sharon L. Byers v. DHR, Div. of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Herbert James Jackson HI v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewie v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hinshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Cecedrick Scott v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Jerry Glasper v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Robert R. Thomas v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Robert Earl White v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Marvin Massey v. Department of Human Resources 
Morgan Pate, Jr. v. Department of Human Resources 
Robert E. Dudley, Sr. v. Department of Human Resources 
Julian Lattimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Wesley B. Meggs v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DHR 1627 


Morrison 


07/06/95 




94 DHR 1732 


West 


12/07/95 


10:19 NCR 2550 


95 DHR 0448 


Nesnow 


10/24/95 




95 DHR 0488 


Phipps 


10/31/95 





91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1111 


Becton 


07/12/95 


93 CSE 1123* 3 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1209 


Mann 


08/11/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1270*'° 


Becton 


07/28/95 


93 CSE 1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Becton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 1423 


Becton 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 1498 


Nesnow 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 1509 


Mann 


04/21/95 


93 CSE 1513 


Gray 


05/08/95 


93 CSE 1516 


Morrison 


05/08/95 


93 CSE 1546 


Gray 


06/27/95 


93 CSE 1556 


Chess 


03/22/95 


93 CSE 1558 


Chess 


03/13/95 


93 CSE 1561 


Mann 


04/21/95 


93 CSE 1566** 


Gray 


05/31/95 


93 CSE 1588 


Becton 


06/08/95 


93 CSE 1593 


Chess 


04/20/95 


93 CSE 1651 


Chess 


07/20/95 


93 CSE 1652 


Chess 


03/21/95 


93 CSE 1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 1016 


Nesnow 


07/21/95 


94 CSE 1033 


Nesnow 


03/24/95 


94 CSE 1094 


Chess 


03/06/95 


94 CSE 1096 


Mann 


05/30/95 


94 CSE 1100 


Becton 


07/28/95 


94 CSE 1101 


Becton 


04/03/95 


94 CSE 1102 


Chess 


08/08/95 


94 CSE 1109 


Chess 


06/28/95 


94 CSE 1116 


Chess 


05/15/95 


94 CSE 1119 


Reilly 


03/29/95 


94 CSE 1125 


Mann 


10/09/95 


94 CSE 1127 


Mann 


03/20/95 


94 CSE 1128 


Mann 


03/31/95 


94 CSE 1131 


Reilly 


03/13/95 


94 CSE 1132 


West 


03/14/95 


94 CSE 1137 


Gray 


08/09/95 


94 CSE 1141 


Nesnow 


05/16/95 


94 CSE 1143 


Chess 


04/13/95 


94 CSE 1149 


Nesnow 


03/03/95 


94 CSE 1 153 


Gray 


04/04/95 


94 CSE 1157 


Nesnow 


03/16/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2633 



CONTESTED CASE DECISIONS 



AGENCY 



Michael Leon McCain v. Department of Human Resources 

James A. Honer v. Department of Human Resources 

George C. Flowers v. Department of Human Resources 

Kendrick William Sims v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Michael W. Bowen v. Department of Human Resources 

Roderick J. Smith v. Department of Human Resources 

Richard Dill v. Department of Human Resources 

James E. Freeman v. Department of Human Resources 

Jonathan D. Cauthen v. Department of Human Resources 

Ronnie J. Goins v. Department of Human Resources 

Ted C. Jenkins v. Department of Human Resources 

Anthony J. Gibbons v. Department of Human Resources 

Robert Wilson v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Costello Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Amanda F. Blount v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Window Cross Pullium v. Dept of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Jerry Wayne Blanton v. Department of Human Resources 

Antonio Staton v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ratliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton, ID v. Department of Human Resources 

Damn Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Lewis A. Garris v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

ElviB M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

David Allan Blan v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston, Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Carl J. McGuire v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Virgil L. Newby v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Nelson D. Edmonds v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


94 CSE 1158 


Becton 


05/16/95 


94 CSE 1 160 


Mann 


08/03/95 


94 CSE 1184 


Mann 


05/02/95 


94 CSE 1186 


Chess 


05/01/95 


94 CSE 1191 


West 


05/25/95 


94 CSE 1192 


Nesnow 


07/21/95 


94 CSE 1193 


Becton 


06/26/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 1199 


West 


07/18/95 


94 CSE 1213 


Chess 


06/01/95 


94 CSE 1214 


Chess 


06/01/95 


94 CSE 1218 


Gray 


03/15/95 


94 CSE 1219 


Gray 


03/15/95 


94 CSE 1220 


Gray 


07/21/95 


94 CSE 1222 


Morrison 


06/13/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1238 


Gray 


11/14/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1248 


Morrison 


07/11/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1250 


MorriBon 


07/10/95 


94 CSE 1251 


Reilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


Reilly 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1257 


Reilly 


08/11/95 


94 CSE 1258 


West 


07/21/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1267 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Nesnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1273 


Becton 


07/28/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Becton 


03/15/95 


94 CSE 1277 


Becton 


03/06/95 


94 CSE 1279 


Chess 


07/26/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1288 


Mann 


08/03/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1290 


Mann 


08/11/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1301 


Gray 


07/27/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 



PUBLISHED DECISION 
REGISTER CITATION 



2634 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



AGENCY 



Sterling Womack v. Department of Human Resources 

Michael L. Franks v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Danny Ray Hensley v. Department of Human Resources 

Stanley Moore v. Department of Human Resources 

Rawn Weigel v. Department of Human Resources 

David C. Glenn v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 

Joe C. Dean v. Department of Human Resources 

Jimmie E. Barnes v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Terry L. Yoder v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Gary E. Mills v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swirniak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arrington v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Wylie Norris Cooper Jr. v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Rowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1305 


MornBon 


05/18/95 


94 CSE 1307 


Gray 


09/21/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1341 


Becton 


07/28/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Reilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1356 


Nesnow 


10/16/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1358 


Becton 


08/29/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1391 


Mann 


08/30/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1423 


Reilly 


06/02/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2635 



CONTESTED CASE DECISIONS 



AGENCY 



Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Dupre' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Steven L. Cox v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

Charlie Sturdivant v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Donald Ray Solis v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. Dudley Jr. v. Department of Human Resources 

Cornelius L. Jones v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Leonard Keith Morgan v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 

Scott Thackrah v. Department of Human Resources 

Cyrus R. Luallen v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Randy Norris Willis v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Coley C- Matthews v. Department of Human Resources 

Willie J. Gadson v. Department of Human Resources 

Joseph K. Gatewood v. Department of Human Resources 

Donald Lee Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

BaiUs While -. Department of Human Re-sour-e* 

Shannon Woodall v. Department of Human Resources 

Peter Ian OUveira v. Department of Human Resources 

Karlyn R. Foster v. Department of Human Resources 

Ronald E. Leu-is v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everett Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy James Burnett v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 


1430 


Ncsnow 


03/24/95 


94 CSE 


1431 


Nesnow 


03/24/95 


94 CSE 


1432 


Nesnow 


03/24/95 


94 CSE 


1433 


Ncsnow 


03/24/95 


94 CSE 1434 


Nesnow 


07/11/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 1436 


Becton 


03/06/95 


94 CSE 1437 


Becton 


07/28/95 


94 CSE 


1438 


Becton 


07/05/95 


94 CSE 


1439 


Chess 


03/03/95 


94 CSE 


1441 


Chess 


07/18/95 


94 CSE 


1442 


Chess 


06/29/95 


94 CSE 


1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 


1446 


Morrison 


03/21/95 


94 CSE 


1447 


Reilly 


04/03/95 


94 CSE 


1449 


Ncsnow 


07/26/95 


94 CSE 


1450 


Gray 


06/09/95 


94 CSE 


1452 


West 


03/07/95 


94 CSE 


1454 


Nesnow 


04/17/95 


94 CSE 


1455 


Nesnow 


03/07/95 


94 CSE 1456 


Nesnow 


04/17/95 


94 CSE 1457 


Ncsnow 


04/28/95 


94 CSE 


1458 


Nesnow 


08/10/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 


1460 


Becton 


04/07/95 


94 CSE 


1461 


Becton 


04/07/95 


94 CSE 


1462 


Becton 


04/07/95 


94 CSE 


1463 


Becton 


04/07/95 


94 CSE 


1464 


Chess 


08/15/95 


94 CSE 


1466 


Chess 


06/09/95 


94 CSE 


1468 


Chess 


07/20/95 


94 CSE 


1470 


Mann 


03/31/95 


94 CSE 


1471 


Mann 


03/07/95 


94 CSE 


1472 


Mann 


03/07/95 


94 CSE 


1473 


Gray 


03/02/95 


94 CSE 


1474 


Gray 


03/09/95 


94 CSE 1475 


Gray 


05/19/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 


94 CSE 


1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 


1481 


Reilly 


06/26/95 


94 CSE 


1482 


Reilly 


04/10/95 


94 CSE 


1484 


Nesnow 


04/17/95 


94 CSE 


1485 


Nesnow 


07/11/95 


94 CSE 


1486 


Nesnow 


04/17/95 


94 CSE 


1487 


Nesnow 


05/23/95 


94 CSE 


1488 


Becton 


07/18/95 


94 CSE 


1489 


Becton 


03/07/95 


94 CSE 


1490 


Becton 


10/12/95 


94 CSE 


1491 


Becton 


03/07/95 


94 CSE 


1492 


Becton 


04/07/95 


94 CSE 


1493 


Chess 


06/01/95 


94 CSE 


1494 


Chess 


07/12/95 


94 CSE 


1495 


Chess 


06/22/95 


94 CSE 


1496 


Chess 


06/28/95 


94 CSE 


1498 


Chess 


07/20/95 


94 CSE 


1499 


Mann 


03/31/95 


94 CSE 


1500 


Mann 


03/31/95 


94 CSE 


1502 


Mann 


05/02/95 


94 CSE 


1503 


Mann 


05/02/95 


94 CSE 


1504 


Gray 


06/26/95 


94 CSE 


1505 


Gray 


04/07/95 


94 CSE 


1508 


Gray 


03/31/95 


94 CSE 


1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 



PUBLISHED DECISION 
REGISTER CITATION 



2636 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



AGENCY 



Keith Dcwayne Senters v. Department of Human Resources 

Walter E. Champion Jr. v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Jay C. Edwards, IU v. Department of Human Resources 

William Hyman v. Department of Human Resources 

David M. Manson v. Department of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Ashton Berry Gatlin v. Department of Human Resources 

Louis Cragg HI v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

Jerry Wallace v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. G ask ins v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Nathaniel Ashford v. Department of Human Resources 

Gilbert S. McLeod v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnnie V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Dunlap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

Tony Thomas v. Department of Human Resources 

Willie A. Harris v. Department of Human Resources 

Walter T. Townsend Jr. v. Department of Human Resources 

Martin A. Greene v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Roderick Odell Adams v. Department of Human Resources 

Jonathan L. Payne II v. Department of Human Resources 

Charles Scott Wilhoit v. Department of Human Resources 

Mickey Bridgett v. Department of Human Resources 

John Kimmons v. Department of Human Resources 

Randolph J. Nunn v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Larry James Walker, Jr. v. Department of Human Resources 

Wade A. Burgess v. Department of Human Resources 

Gary Jones v. Department of Human Resources 

Anthony Harrison v. Department of Human Resources 

Eddie L. Oliver III v. Department of Human Resources 

Michael D. Tyree v. Department of Human Resources 

Edward Fisher v. Department of Human Resources 

Leroy Jones v. Department of Human Resources 

Bernard Cooper v. Department of Human Resources 

William Gray v. Department of Human Resources 

Edward Lockhart v. Department of Human Resources 

Duane B. Marshburn v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 

Mark A. Jones v. Department of Human Resources 

Ondino Damota Freitas v. Department of Human Resources 

Tony Monzell Perry v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1515 


Morrison 


08/04/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1536 


Morrison 


09/21/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 


94 CSE 1544 


West 


06/23/95 


94 CSE 1545 


West 


07/18/95 


94 CSE 1546 


West 


08/25/95 


94 CSE 1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1551 


Nesnow 


07/26/95 


94 CSE 1552 


Nesnow 


09/28/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


Reilly 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 


94 CSE 1584 


Morrison 


03/07/95 


94 CSE 1585 


Morrison 


07/26/95 


94 CSE 1586 


Morrison 


04/06/95 


94 CSE 1587 


Gray 


04/28/95 


94 CSE 1588 


Gray 


08/11/95 


94 CSE 1590 


Gray 


03/31/95 


94 CSE 1591 


Gray 


04/07/95 


94 CSE 1592 


Morrison 


04/06/95 


94 CSE 1594 


Reilly 


04/21/95 


94 CSE 1595 


West 


05/08/95 


94 CSE 1596 


Nesnow 


04/17/95 


94 CSE 1608 


Mann 


03/21/95 


94 CSE 1609 


Mann 


03/13/95 


94 CSE 1610 


Chess 


06/01/95 


94 CSE 1611 


Chess 


06/09/95 


94 CSE 1612 


Chess 


07/12/95 


94 CSE 1615 


Becton 


04/07/95 


94 CSE 1616 


Becton 


07/10/95 


94 CSE 1619 


Becton 


04/07/95 


94 CSE 1621 


Becton 


04/07/95 


94 CSE 1622 


Nesnow 


07/05/95 


94 CSE 1623 


Nesnow 


04/17/95 


94 CSE 1645 


Becton 


04/25/95 


94 CSE 1646 


Chess 


06/02/95 


94 CSE 1647 


Mann 


08/03/95 


94 CSE 1648 


Gray 


03/09/95 


94 CSE 1649 


Morrison 


03/07/95 


94 CSE 1650 


Reilly 


03/07/95 


94 CSE 1651 


West 


04/07/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2637 



CONTESTED CASE DECISIONS 



AGENCY 



Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Edith Christine Spurlock v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
James A. Caldwell v. Department of Human Resources 
Kevin Close v. Department of Human Resources 
Stephen L. Blankenship v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Rodney DC Barnes v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Darrell Wayne Sadler v. Department of Human Resources 
Timothy C. Okeke v. Department of Human Resources 
LewiB M. Scarborough v. Department of Human Resources 
Manuel F. Isla v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Darell D. Gautier v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levern Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Keith Matthews v. Department of Human Resources 
Ernest N. Pruitt, Jr. v. Department of Human Resources 
Troy Cage v. Department of Human Resources 
Clyde R. Gaither v. Department of Human Resources 
Randy E. Baker v. Department of Human Resources 
James Glenn Locklear v. Department of Human Resources 
Walter Swirniak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Inez Brown v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
James A. Bishop Jr. v. Department of Human Resources 
Mark C. Bushrod v. Department of Human Resources 
Anloine D. Jones v. Department of Human Resources 
Bennie L. Little v. Department of Human Resources 
Yvonne Butler v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Raul A. Dinzey v. Department of Human Resources 
David Dean Davis v. Department of Human Resources 
Frank McGirt v. Department of Human Resources 
Kelly Thomas Felty v. Department of Human Resources 
Robert Lee Elliott v. Department of Human Resources 
Kelvin M. Tarlton v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Larry James McGirt v. Department of Human Resources 
Alonzo Wilson v. Department of Human Resources 
Reginald Hill v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Timothy W. Barber v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 
John K. Bostic v. Department of Human Resources 
Eva T. Wilson v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 CSE 1652* 5 


Re. IN 


05/16/95 


94 CSE 1653 


Becton 


04/07/95 


94 CSE 1654 


Chess 


07/19/95 


94 CSE 1655 


Mann 


05/22/95 


94 CSE 1656 


Gray 


03/02/95 


94 CSE 1657 


Morrison 


04/06/95 


94 CSE 1658 


Reilly 


12/12/95 


94 CSE 1677 


West 


08/10/95 


94 CSE 1678 


Becton 


07/28/95 


94 CSE 1679 


Chess 


06/28/95 


94 CSE 1680 


Mann 


11/16/95 


94 CSE 1700 


Reilly 


04/10/95 


94 CSE 1702 


Becton 


04/07/95 


94 CSE 1703 


Chess 


06/28/95 


94 CSE 1704 


Mann 


05/02/95 


94 CSE 1723 


Morrison 


12/06/95 


94 CSE 1724 


Reilly 


08/08/95 


94 CSE 1725 


West 


05/25/95 


94 CSE 1749* 10 


Becton 


07/28/95 


94 CSE 1750 


Chess 


03/21/95 


94 CSE 1759 


Neanow 


06/09/95 


94 CSE 1766 


Chess 


03/21/95 


94 CSE 1767 


Reilly 


03/03/95 


94 CSE 1768 


Mann 


08/03/95 


94 CSE 1778 


West 


03/06/95 


94 CSE 1798 


Gray 


04/27/95 


94 CSE 1799*« 


Gray 


05/31/95 


94 CSE 1814 


Morrison 


04/27/95 


94 CSE 1826 


Nesnow 


07/11/95 


95 CSE 0071 


Becton 


04/04/95 


95 CSE 0073 


Chess 


06/28/95 


95 CSE 0116 


Mann 


05/25/95 


95 CSE 0117 


Morrison 


07/11/95 


95 CSE 0118 


Reilly 


06/22/95 


95 CSE 0147 


West 


05/18/95 


95 CSE 0200 


Becton 


08/29/95 


95 CSE 0205 


Chess 


07/19/95 


95 CSE 0206 


Phipps 


07/21/95 


95 CSE 0207 


Phipps 


07/26/95 


95 CSE 0208 


Phipps 


07/31/95 


95 CSE 0226 


Nesnow 


07/28/95 


95 CSE 0229 


Phipps 


07/31/95 


95 CSE 0230 


West 


07/18/95 


95 CSE 0273 


Phipps 


06/27/95 


95 CSE 0279 


Phipps 


07/21/95 


95 CSE 0280 


Phipps 


06/27/95 


95 CSE 0284 


Phipps 


05/22/95 


95 CSE 0292 


Gray 


08/07/95 


95 CSE 0297 


Morrison 


07/26/95 


95 CSE 0300 


Reilly 


07/21/95 


95 CSE 0313 


Morrison 


07/21/95 


95 CSE 0319 


Becton 


09/18/95 


95 CSE 0321 


Chess 


07/17/95 


95 CSE 0344 


Mann 


08/03/95 


95 CSE 0350 


Phipps 


07/26/95 


95 CSE 0351 


Gray 


08/07/95 


95 CSE 0360 


Morrison 


08/07/95 


95 CSE 0369 


Reilly 


10/09/95 


95 CSE 0370 


West 


07/26/95 


95 CSE 0371 


Reilly 


05/25/95 


95 CSE 0389 


Nesnow 


08/10/95 


95 CSE 0414 


Becton 


07/28/95 


95 CSE 0438 


Becton 


07/21/95 


95 CSE 0489 


Becton 


07/05/95 


95 CSE 0491 


Phipps 


08/07/95 


95 CSE 0492 


Gray 


07/18/95 


95 CSE 0493 


Nesnow 


08/02/95 


95 CSE 0520 


Reilly 


07/21/95 



PUBLISHED DECISION 
REGISTER CITATION 



2638 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



> 



> 



AGENCY 



Robert Lee Smith, Jr. v. Department of Human Resources 
Dave L. James v. Department of Human Resources 
Robert Lee Bullock v. Department of Human Resources 
Augusta Hepburn v. Department of Human Resources 
Kenneth Walter Dudney v. Department of Human Resources 
Michael Watts Sr. v. Department of Human Resources 
Chris Brown v. Department of Human Resources 
Kenneth Collins v. Department of Human Resources 
Walter Richardson, Jr. v. Department of Human Resources 
James M. Melvin v. Department of Human Resources 
Alvin L. Martin v. Department of Human Resources 
Kirk Shannon Baker v. Department of Human Resources 
Reginald L. Woods v. Department of Human Resources 
Willie Gadson v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Bruce Coleman v. Department of Human Resources 
Cerulean Fetherson v. Department of Human Resources 
Willie M. Herring v. Department of Human Resources 
Jerry Robert Hahn v. Department of Human Resources 
John Milton Leatherman v. Department of Human Resources 
Donald D. Cummings v. Department of Human Resources 
Norman Hunt v. Department of Human Resources 
Carl Bernard Falls v. Department of Human Resources 
Keith L. Rosebud v. Department of Human Resources 
David C. Glenn v. Department of Human Resources 
Donald (Glendon) Ryan v. Department of Human Resources 
David C. Lupfer v. Department of Human Resources 
Wilbert W. Moore v. Department of Human Resources 
Kennedy C. Uzomba v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Perry R. Baker v. Department of Human Resources 
Jerome Maddox Jr. v. Department of Human Resources 
Derrick C. Humphrey v. Department of Human Resources 
Dexter A. Owens v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 



Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 95 DCS 0239 

Hoke County Social Services 
Mr. and Mrs. William Jefferson v. Hoke Cry Soc Svcs, Linda Cromartie 95 DHR 0857 

Rockingham County Department of Social Services 
Crystean Fields v. Rockingham County DSS 95 DHR 0316 

Wake County Social Services 

Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 

and Craig Glenn 

Division of Vocational Rehabilitation Service 

Marcus Bryan Sloan, UJ v. Division of Vocational Rehabilitation Service 95 DHR 1000 

INSURANCE 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


95 CSE 0528 


West 


08/25/95 




95 CSE 0539 


Mann 


07/21/95 




95 CSE 0559 


Phipps 


07/31/95 




95 CSE 0573 


Gray 


08/28/95 




95 CSE 0575 


Morrison 


09/12/95 




95 CSE 0628 


Ncsnow 


09/26/95 




95 CSE 0695 


Phipps 


08/25/95 




95 CSE 0709 


Chess 


10/27/95 




95 CSE 0710 


Chess 


09/26/95 




95 CSE 0719 


Phipps 


10/10/95 




95 CSE 0733 


Gray 


10/05/95 




95 CSE 0734 


Morrison 


10/06/95 




95 CSE 0759 


Reilly 


11/08/95 




95 CSE 0783 


Nesnow 


10/26/95 




95 CSE 0814 


Becton 


09/28/95 




95 CSE 0896 


Chess 


12/15/95 




95 CSE 0900 


Phipps 


11/07/95 




95 CSE 0913 


Gray 


09/25/95 




95 CSE 0997 


Nesnow 


01/03/96 




95 CSE 1096 


Morrison 


12/19/95 




95 CSE 1 130 


Gray 


01/03/96 




95 CSE 1 160 


West 


12/12/95 




95 CSE 1183 


Morrison 


12/11/95 




95 CSE 1212 


Gray 


12/18/95 




95 CSE 1225 


Gray 


12/11/95 




95 CSE 1226 


Morrison 


01/03/96 




95 CSE 1228 


West 


01/03/96 




95 CSE 1269 


West 


12/18/95 




95 CSE 1279 


Becton 


12/18/95 




95 CSE 1282 


Gray 


12/18/95 




95 CSE 1299 


Morrison 


12/11/95 




95 CSE 1327 


Nesnow 


01/03/96 




95 CSE 1348 


West 


01/03/96 




95 CSE 1378 


Chess 


12/14/95 




95 CSE 1379 


Phipps 


01/03/96 





Phipps 



Gray 



Reilly 



Chess 



Chess 



05/02/95 



08/17/95 



06/01/95 



05/03/95 



11/15/95 



Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

Karen Wingert Bunch v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0243 

Gladys M. Dillard v. Teachers' & St. Emp. Comp. Major Med. Plan 95 INS 0619 



I 



Chess 


05/24/95 


Reilly 


04/20/95 


Morrison 


07/21/95 


Chess 


12/05/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2639 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OF 

DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



JUSTICE 

Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 
Chad R. Fuller v. Alarm Systems Licensing Board 
Malcolm K. Teague v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs* Education and Training Standards Commission 
Ricky Dale McDevitt v. Sheriffs Ed. & Training Stds. Comm. 
Reginald Keith Goffington v. Ciminal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriff's Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Marilyn Jean Britt v. Sheriff's Ed. & Training Stds. Comm. 
Antonio Tremont Davis v. Sheriff's Ed. & Training Stds. Comm. 
Amy Rebecca Batcheler v. Sheriff's Ed. & Training Stds. Comm. 
Richard Terry Locklear v. Criminal Justice Ed. & Training Stds. Comm. 
and 

Sheriffs' Education and Training Standards Commission 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 
Henry Roger Judd v. Sheriff's Ed. & Training Stds. Comm. 
Daryl Tyrone Beard v. Criminal Justice Ed. & Training Stds. Comm. 
Leslie Earl Jones v. Sheriff's Ed. & Training Standards Commission 
Jewel T. Braswell v. Criminal Justice Ed. & Training Stds. Comm. 
George H. Powell Jr. v. Criminal Justice Ed. & Training Stds. Comm. 
Mark Jason Smith v. Sheriff's Ed. & Training Stds. Comm. 
Bryan Keith Bradley v. Sheriff's Ed. & Training Standards Commission 
Ernie Lowery v. Criminal Justice Ed. & Training Standards Commission 
Jeffrey Andre Jenkins v. Criminal Justice Ed. & Training Stds. Comm. 



94 DOJ 1825 


Reilly 


03/09/95 


95 DOJ 0716 


West 


08/18/95 


95 DOJ 0765 


Nesnow 


10/19/95 



94 DOJ 1006*" 


West 


94 DOJ 1710 


Nesnow 


95 DOJ 0028 


Becton 


95 DOJ 0029 


Reilly 


95 DOJ 0043 


Reilly 


95 DOJ 0076 


Morrison 


95 DOJ 0101 


Morrison 


95 DOJ 0172 


Gray 


95 DOJ 0298 


Phipps 


95 DOJ 0364 


West 


95 DOJ 0365* 14 


West 


95 DOJ 0401 


Nesnow 


95 DOJ 0431 


Nesnow 


95 DOJ 0566 


Gray 


95 DOJ 0726 


Becton 


95 DOJ 0730 


Phipps 


95 DOJ 0784 


Phipps 


95 DOJ 0795 


Gray 


95 DOJ 0796 


Reilly 


95 DOJ 0898 


Nesnow 


95 DOJ 1408 


Phipps 



10/30/95 



05/04/95 
06/08/95 
05/16/95 
06/02/95 
04/06/95 
06/13/95 
08/03/95 
08/08/95 
08/16/95 
10/30/95 



06/07/95 
08/02/95 
10/11/95 
12/22/95 
09/11/95 
09/08/95 
08/14/95 
11/28/95 
11/17/95 
07/31/95 



10:17 NCR 2255 



10:05 NCR 324 



10:07 NCR 627 



10:17 NCR 2255 



10:20 NCR 2646 



Private Protective Services Board 



Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. PurviB 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Services Board 
Richard Frank v. Private Protective Services Board 
Marvin E. Shackleford v. Private Protective Services Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLeary, Jr. v. Private Protective Services Board 
Bobby E. Smithey v. Private Protective Services Board 
Frederick B. Moore, Jr. v. Private Protective Services Board 
Daniel C. Inglese v. Private Protective Services Board 
Walter Lee Watson v. Private Protective Services Board 
Charles Ray Gable v. Private Protective Services Board 
Richard Dulin, Jr. v. Private Protective Services Board 
Robert Baxter McGuire, Sr. v. Private Protective Services Board 
Robert Conrad Martin v. Private Protective Services Board 
Larry C. Tant v. Private Protective Services Board 
Robert E. Brown v. Private Protective Services Board 
Raymond Douglas Boggs v. Private Protective Services Board 



94 DOJ 1000 


Chess 


03/03/95 




94 DOJ 1064 


Chess 


02/24/95 




94 DOJ 1635 


Reilly 


03/09/95 




94 DOJ 1823 


Reilly 


03/09/95 




95 DOJ 0018 


Chess 


05/15/95 




95 DOJ 0133 


Chess 


05/09/95 




95 DOJ 0420 


Morrison 


05/24/95 




95 DOJ 0444 


Phipps 


07/14/95 


10:09 NCR 805 


95 DOJ 0610 


Phipps 


08/10/95 




95 DOJ 0611 


Phipps 


07/18/95 




95 DOJ 0612 


Phipps 


07/20/95 




95 DOJ 0613 


Phipps 


07/18/95 




95 DOJ 0717 


West 


08/23/95 


10:12 NCR 1039 


95 DOJ 0766 


Morrison 


09/01/95 




95 DOJ 0767 


Morrison 


08/30/95 




95 DOJ 0768 


West 


10/09/95 




95 DOJ 0975 


Gray 


10/17/95 




95 DOJ 0976 


Gray 


12/29/95 




95 DOJ 0977 


Gray 


10/17/95 




95 DOJ 1 122 


Chess 


12/22/95 




95 DOJ 1 124 


Chess 


12/19/95 




95 DOJ 1134 


Chess 


12/28/95 




95 DOJ 1138 


Reilly 


11/30/95 





2640 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



LABOR 

Occupational Safely A Health Division 

Lenoir County Public Schools v. Department of Labor, OSHA 95 DOL 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DOL 0209 

Wage and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PRACTICING PSYCHOLOGISTS 



John E. Miller v. Psychology Board 

PUBLIC INSTRUCTION 

Glenn U, on behalf of Glenn II, and Glenn II. Individually v. Charlotte- 
Mecklenburg County Schools 
Donna Marie Snyder v. Department of Public Instruction 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. v. Davie 

County Board of Education 
William Hewett v. State Board of Education 
James Midgette v. State Board of Education 
Deborah R. Crouse v. State Board of Education 
Haydn Stewart Hasty v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County Schools 
Vance County Schools v. Haywood Yarborough 
Laverne K. Suggs v. Department of Public Instruction 
Lavern K. Suggs v. Guilford County Schools 
Kenneth G.H. Leftwich v. State Board of Education 
Madeline J. Taylor v. Department of Public Instruction 
William Andrew McCullough v. Public Instruction, Licensure Section 
Bobby Jean L. Chavis v. Department of Public Instruction 
Nancy L. Bauman v. Chapel Hill/Carrboro City School System 

STATE BAR 

Phillip S. Banks, IJJ v. North Carolina State Bar 

STATE PERSONNEL 

Appalachian State University 

Theresa Louise Whittington v. Appalachian State University 

Caswell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caswell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 



95 BPP 0629 



95 BAR 0861 



95 OSP 0698 



94 OSP 0834 
94 OSP 0865 



93 OSP 0189 



94 OSP 0775 



Nesnow 



Morrison 



West 



Nesnow 



Morrison 



Phipps 



Nesnow 

Reilly 



Nesnow 



West 



05/01/95 



07/07/95 



03/23/95 



09/12/95 



93 EDC 0549 


Chess 


03/16/95 




93 EDC 0731 


Chess 


10/11/95 




93 EDC 0742 


Phipps 


05/30/95 




94 EDC 0533 


Gray 


03/31/95 


10:02 NCR 179 


94 EDC 1401 


Reilly 


05/02/95 




95 EDC 0003 


Chess 


04/10/95 




95 EDC 0027 


Reilly 


10/09/95 


10:15 NCR 1632 


95 EDC 0168 


Phipps 


03/20/95 




95 EDC 0225 


Mann 


05/15/95 




95 EDC 0235 


Mann 


08/04/95 




95 EDC 0384 


Nesnow 


07/12/95 




95 EDC 0385 


Nesnow 


06/02/95 




95 EDC 0405 


Nesnow 


05/25/95 




95 EDC 0525 


Phipps 


10/25/95 




95 EDC 0915 


Gray 


10/30/95 




95 EDC 0940 


Gray 


12/18/95 




95 EDC 1088 


Mann 


12/21/95 





08/18/95 



12/08/95 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2641 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 OSP 1530 Chess 



Department of Community ColUges 

Sheila M. Thompson v. Department of Community Colleges 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Gaius Wells v. Department of Correction 

Nancy C. Walker v. Department of Correction 

Jeffrey Leonard Jenkins v. Dept of Correction/Piedmont Correctional Inst 

Ruth Kearney v. Department of Correction 

Ann R. Fletcher v. Department of Correction 

Odell Davis v. Department of Correction 

James W. Hughes v. Department of Correction, Blue Ridge Unit Avery 

Dennis Harrell v. Department of Correction 

William E. Norwood, Jr. v. Department of Correction 

Brent Macemore v. Department of Correction 

Shelby Gorham-Teel v. Department of Correction 

Larry Riddle v. Department of Correction 

William D. Bryant Jr. v. Department of Correction 

Eric Little v. Department of Correction, Morrison Youth Institution 

John R. Yates v. Department of Correction 

Cynthia R. Steven v. N.C. Women'B Prison 

Mark R. Murphy v. Department of Correction 

Haydee C. Craver v. Department of Correction 

Department of Crime Control and Public Safety 



Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 
Robert W. Beasley v. Crime Control & Public Safety, St. Highway Patrol 94 OSP 1821 
Robert L. Whitesell v. Crime Control & Public Safety, St. Highway Patrol95 OSP 0738 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0835* 15 
Gene Wells v. Crime Control & Public Safety, Div. State Highway Patrol 95 OSP 0936* u 



Office of the District Attorney 

Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 



11/01/95 



10:17 NCR 2272 



94 OSP 0121 


West 


03/09/95 




94 OSP 0332 


West 


05/15/95 




94 OSP 0590 


West 


03/23/95 




94 OSP 0644 


Gray 


04/19/95 




94 OSP 0684 


West 


10/12/95 


10:15 NCR 1610 


94 OSP 1206 


Gray 


08/18/95 




94 OSP 1802 


West 


11/29/95 




94 OSP 1807 


Becton 


03/13/95 




95 OSP 0123 


Chess 


08/21/95 




95 OSP 0244 


Gray 


09/21/95 




95 OSP 0334 


Becton 


07/25/95 




95 OSP 0440 


Phipps 


09/05/95 


10:13 NCR 1209 


95 OSP 0500 


Gray 


08/16/95 




95 OSP 0501 


Chess 


12/12/95 




95 OSP 0536 


Reilly 


10/23/95 




95 OSP 0570 


West 


10/18/95 




95 OSP 0645 


West 


12/15/95 




95 OSP 0658 


Phipps 


10/18/95 




95 OSP 0688 


Becton 


12/19/95 




95 OSP 0829 


Chess 


10/24/95 




95 OSP 1047 


Nesnow 


10/26/95 




95 OSP 1357 


Nesnow 


01/03/96 





Chess 


06/13/95 




Morrison 


08/10/95 


10:11 NCR 965 


Reilly 


12/20/95 




Nesnow 


12/05/95 




Nesnow 


12/05/95 





95 OSP 0188 



Nesnow 



03/20/95 



Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 
Paul E. Hunter v. Dorothea Dix Hospital 

Durham County Health Department 

Laurie A. Gerhard v. Durham County Health Department 

East Carolina University 

Helen E. Wolfe v. East Carolina University, Dept. of Biology 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Woolen v. Edgecome County Health Department 



95 OSP 0504 
95 OSP 0801 



Gray 
Chess 



95 OSP 0220 Phipps 



94 OSP 1558 Reilly 

95 OSP 0O38* 7 Becton 
95 OSP 0057* 7 Becton 



94 OSP 1209 



Gray 



07/12/95 
12/12/95 



08/17/95 



09/07/95 
06/08/95 
06/08/95 



07/10/95 



10:12 NCR 1043 



2642 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF PUBLISHED DECISION 

DECISION REGISTER CITATION 



94 OSP 0358 

95 OSP 0777 



Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 
James M. Kelly v. Dept of Environment, Health, & Natural Resources 

FayetteviUe State University 

George Benstead v. FayetteviUe State University 
Lt. Bobby McEachern v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 



Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 94 OSP 0499 

Guilford County Mental Health 

Darrell Edwin Fricke v. Guilford County Mental Health (Thomas S. Div.) 95 OSP 0942 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Geraldine Blackston v. DHR, NC Special Care Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 
Edward E. Williams v. NC Special Care Center, Def./Emp, DHR 

Black Mountain ADATC 

Julie Y. Newton v. ADATC Black Mtn & St. of North Carolina 

Black Mountain Center 

James Harrison v. Black Mountain Center, Dept. of Human Resources 
James Harrison v. Black Mountain Center, Dept. of Human Resources 

Caswell Center 

David A. Kilpatrick v. DHR, Caswell Center 

Cherry Hospital 

William H. Cooke v. DHR, Cherry Hospital 

Sandra Chase Butts v. Department of Human Resources, Cherry Hospital 

Deloris L. Johnson v. Cherry Hospital, DHR 

Cumberland County Department of Social Services 

Gloria Daniels v. Cumberland County Department of Social Services 

Durham County Department of Social Services 

Delores H. Jeffers v. Durham County Department of Social Services 
Jacquenetta Blackwell v. Durham County Department of Social Services 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Halifax County Department of Social Services 
Robert E. Sykes v. Halifax County Department of Social Services 



Chess 
Becton 



Chess 



West 



95 OSP 0850 



94 OSP 0994*" 

95 OSP 0190*" 



95 OSP 0267 



Nesnow 



Gray 
Gray 



Nesnow 



95 OSP 0714 



94 OSP 0939 

95 OSP 0692 



94 OSP 0770 



94 OSP 0826 



Nesnow 



Morrison 
Reilly 



West 



Gray 



05/31/95 
11/27/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



09/22/95 



12/05/95 



07/31/95 
07/31/95 



10/25/95 



12/04/95 



06/12/95 
11/28/95 



05/24/95 



11/15/95 



10:18 NCR 2449 



94 OSP 1758 


Nesnow 


06/07/95 




94 OSP 1773 


Becton 


11/17/95 


10:18 NCR 2433 


94 OSP 1811 


West 


05/04/95 




95 OSP 0138 


West 


03/31/95 




95 OSP 0483 


Reilly 


10/03/95 





93 OSP 1547 


Gray 


03/16/95 




95 OSP 0047 


West 


11/29/95 


10:18 NCR 2442 


95 OSP 0409 


Gray 


08/25/95 





10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2643 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Iredell County Department of Social Services 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N. Bellamy v. Iredell County Department of Social Services 

Division of Medical Assistance 

George F. Knight v. Division of Medical Assistance, DHR 

New Hanover County Department of Social Services 



94 OSP 0282 
94 OSP 0739 



95 OSP 0700 



Becton 
Chess 



Reilly 



Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 95 OSP 0823*' 7 West 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 95 OSP 0824*" West 
Kathleen M. Gallagher v. Dept. of Social Services New Hanover , NC 95 OSP 0825*' 7 West 



Richmond County Department of Social Senices 
Emma Jane Bradley v. Richmond County Dept. of Social Services 
Wake County Department of Health 



95 OSP 0055 



Reilly 



Regina K. Crowder v. Wake County/Health Dept., Caroline E. Lee, Dir. 94 OSP 1032*" Nesnow 
Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 94 OSP 1072** Nesnow 



Thomasine D. Avery v. Wake County /Health Department 

Wake County Department of Social Services 
Olivia L. Jordan v. Wake County/Department of Social Services 
Department of Labor 
Michael Robert Smith v. Department of Labor 



94 OSP 1074** Nesnow 



94 OSP 1179** Nesnow 



94 OSP 0610 



Nesnow 



Lee-Harnett Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 
Julie Dyer v. Lee-Harnett Area MH/DD/SA Authority 94 OSP 0750 Gray 

North Carolina Special Care Center 

Lynn Banasiak Bass v. North Carolina Special Care Center 95 OSP 0419 Phipps 

North Carolina State University 



Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina State University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Antoinette Chavis-Scott v. N.C.S.U. Accounts Payable 



Orange-Person-Chatham Mental Health 

Patricia A. Harris v. Orange-Pereon-Chatham Mental Health 95 OSP 0162 West 

Department of Revenue 

Wayne Davenport v. Department of Revenue, Motor Fuels Tax Division 95 OSP 0902 Becton 

Richmond Community College 

Willie J. Breeden v. Richmond Community College 95 OSP 0846 Gray 

Department of Transportation 



Michael E. Komegay v. Department of Transportation 
Robert F. Goins v. Department of Transportation 
Esther Doe Murphy v. Department of Transportation 
Debra R. Embden v. DOT, Division of Motor Vehicles 



93 OSP 1700 


Gray 


94 OSP 0281 


Chess 


95 OSP 0114 


Gray 


95 OSP 0411 


Morrison 



03/09/95 
03/01/95 



11/28/95 



12/20/95 
12/20/95 
12/20/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



08/01/95 



04/11/95 



11/03/95 



09/13/95 



03/24/95 
05/30/95 
07/10/95 
11/01/95 



10:01 NCR 48 



10:09 NCR 809 



89 OSP 0612 


Nesnow 


07/07/95 




94 OSP 1173 


Reilly 


06/30/95' 


10:08 NCR 700 


95 OSP 0044 


Morrison 


04/25/95 




95 OSP 0130 


West 


03/22/95 




95 OSP 0213 


Phipps 


07/06/95 




95 OSP 0800 


Chess 


10/31/95 





10:17 NCR 2286 



2644 



NORTH CAROLINA REGISTER 



January 15, 1996 10:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Mary Matthews Finnerty v. Department of Transportation 

Lonnie Joseph Cole v. NC DOT (TTI's Boone NC) Div. of Hwys 

Judy H. Arnold v. Department of Transportation, Div. of Motor Vehicles 

Untion County Schools 

Carolyn H. Elkins v. Union County Schools 

University of North Carolina 

Beth Ann Miller v. UNC Student Health 

Roberta Jones v. University of North Carolina-Chapel Hill 



UNC Hospitals 

David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 

Wake County 

Mark Morgan v. Wake County 
STATE TREASURER 



95 OSP 0412 
95 OSP 0606 
95 OSP 1075 



95 OSP 0948 



94 OSP 0800 
94 OSP 1718 



94 OSP 0771 

95 OSP 0056 



94 OSP 0937 



Nesnow 

West 

Becton 



Reilly 



Nesnow 
Chess 



Becton 
Morrison 



Nesnow 



11/02/95 
10/24/95 
07/31/95 



11/03/95 



05/25/95 
10/31/95 



03/14/95 
05/11/95 



04/28/95 



10:17 NCR 2276 



10:04 NCR 287 



John W. Parris v. Bd. of Trustees//NC Local Gov. Emp. Retirement Sys. 91 DST 1093 

Channie S. Chapman v. Bd/Trustees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. BdATrustees/ZTeachers/St. Emp. Retirement Sys. 95 DST 0219 

Tammy Evonne Ashcroft Brownv. BdATr.//NC Local Gov. Emp. Ret Sys. 95 DST 0404 

DEPARTMENT OF TRANSPORTATION 



Nesnow 


05/04/95 




Morrison 


05/15/95 




Chess 


06/21/95 




Morrison 


07/14/95 




Phipps 


07/27/95 


10:10 NCR 872 



Maupin Travel, Inc., Anthony W. Maupin v. Dept of Transportation 
UNIVERSITY OF NORTH CAROLINA 



95 DOT 0818 Chess 



12/05/95 



Jerry B. Potter, Sr. v. UNC Hospitals at Chapel Hill 

Judy Blacknell v. University of NC Hospitals at Chapel Hill 



95 UNC 0502 
95 UNC 0865 



Gray 
Chess 



09/12/95 
12/08/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2645 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF JONES 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 DOJ 0726 



i 



LESLIE EARL JONES, 
Petitioner, 



v. 



N.C. SHERIFFS' EDUCATION AND 
TRAINING STANDARDS COMMISSION, 
Respondent. 



PROPOSAL FOR DECISION 



This matter was heard before the undersigned administrative law judge in New Bern, North Carolina on November 
29, 1995. 

APPEARANCES 

For Petitioner: Jimmie C. Proctor, Attorney at Law, Trenton, North Carolina. 

For Respondent: John J. Aldridge, IE, Assistant Attorney General, N.C. Department of Justice, Raleigh, North Carolina. 

ISSUE 

Is Petitioner's certification as a Jones County Deputy Sheriff properly subject to denial on the grounds that he 
knowingly made a material misrepresentation of any information required for certification or accreditation from the 
Commission or the North Carolina Criminal Justice Education and Training Standards Commission, and that he knowingly 
and designedly by any means of false pretense, deception, defraudation, misrepresentation, or cheating whatsoever, obtained 
or attempted to obtain credit, training or certification from the North Carolina Sheriffs' Education and Training Standards 
Commission by failing to include September 30, 1968 charges of Disorderly Conduct-Fighting and Assault with a Gun from 
Anniston, Alabama in response to Question 47 of his Personal History Statement ? 

STATUTES AND RULES DEVOLVED 

12 NCAC 10B .0204(c)(1) and (2) 
12 NCAC 10B .0205 

EXHIBITS 

The following exhibits offered by the Respondent were received in evidence: 

Rl. Stipulation of Facts. 

R2. Form F4, Report of Appointment, December 13, 1994. 

R3. Persona] History Statement of Petitioner, dated December 13, 1994. 

R4. Criminal Record Index on Petitioner, dated September 30, 1968. 

R5. Form F8, January 5, 1995. 

R6. Probationary Certification for Petitioner, February 6, 1995. 

R7. Petitioner's letter dated May 2, 1995. 

R8. Notification of Probable Cause to Petitioner, dated June 12, 1995. 

Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and 
admissible evidence, the undersigned makes the following: 

FINDINGS OF FACT 

Stipulated Facts 



2646 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



1. Both parties are properly before this Administrative Law Judge, in that jurisdiction and venue are proper, that both 
parties received proper Notice of Hearing required pursuant to North Carolina General Statutes 150B-38. 

2. The North Carolina Sheriffs' Education and Training Standards Commission has authority granted under Chapter 
17E of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 10, 
subchapter 10B, to certify justice officers as either deputy sheriffs or jailers, and to deny, revoke, or suspend such 
certification. 

3. That 12 NCAC 10B .0204(c)(1) and (2) provides: 

(c) that the Commission may revoke, suspend or deny the certification of a justice officer when the 

commission finds that the applicant for certification or certified officer: 

(1) knowingly made a material misrepresentation of any information required for certification 
or accreditation from the Commission or the North Carolina Criminal Justice Education 
and Training Standards Commission. 

(2) knowingly and designedly by any means of false pretense, deception, defraudation, 
misrepresentation, or cheating whatsoever, obtained or attempted to obtain credit, training 
or certification from the Commission or the North Carolina Criminal Justice Education 
and Training Standards Commission. 

4. On December 13, 1994, the Petitioner was appointed as a deputy sheriff with the Jones County Sheriffs Office. 

5. On December 13, 1994, the Petitioner completed a Personal History Statement (Form F-3) as part of his request 
for certification as a deputy sheriff through the North Carolina Sheriffs' Education and Training Standard 
Commission. In response to Question #47 of the Personal History Statement which reads, "Have you ever been 
arrested by a law enforcement officer or otherwise charged with a criminal offense?", the Petitioner indicated a 
previous criminal charge of assault out of Columbus, Georgia on February 28, 1984. 

6. On September 30, 1968, Petitioner was charged by the Anniston County Police Department in Alabama with the 
criminal offenses of Disorderly Conduct (fighting) and Assault with a Gun. The criminal index cards retained by 
the Anniston Police Department show the Petitioner paid a fine of $32.00 for the disorderly conduct charge and the 
assault with a gun charged was nol pressed. No other records exist of these offenses. 

7. On June 12, 1995, Joan G. Neuner, Director of the Sheriffs' Education and Training Standards Commission , sent 
to the Petitioner by certified mail, a letter advising the Petitioner that probable cause had been found to believe that 
he was not currently qualified to receive certification as a justice officer for making material misrepresentations of 
his prior criminal history information on his application form. 

Adjudicated Facts 

8. At the time that the Petitioner received his appointment as a deputy sheriff, the newly elected Sheriff of Jones 
County was in the process of establishing an entirely new sheriffs department. Because of the lack of transition 
from one sheriffs administration to another one, the atmosphere at the sheriffs department was described by several 
of the witnesses as "total chaos." 

9. Robert R. Mason assumed the responsibilities of Sheriff of Jones County on December 5, 1994. Previously, he 
served twenty-five years with the North Carolina State Highway Patrol. Because he was new to the position, Sheriff 
Mason relied heavily upon the experience and expertise of Robert B. Miller, a retired Highway Patrolman who he 
had hired as Bailiff and to perform administrative duties, and Eddie Rowe, a veteran deputy sheriff with twenty- 
eight years with the Craven County Sheriffs Department, for the processing of the newly appointed deputy sheriffs. 
Mr. Rowe instructed the new deputies to consult with Robert B. Miller if they had any questions about the forms. 

10. The Petitioner and the other new deputies were given various forms to complete, including the Personal History 
Statement which is at issue in this case. They were instructed to fill out the forms truthfully. In addition they were 



10:20 NORTH CAROLINA REGISTER January 16, 1996 2647 



CONTESTED CASE DECISIONS 



sent to have criminal record checks done. 

1 1 . The Petitioner provided the following answers to pertinent questions on the Personal History Statement: 

#39. Were you ever court martialed, tried on charges, or were you the subject of summary court, deck 
court, captain's mast or company punishment, or any other disciplinary action while a member 
of the armed forces? 
Answer: Yes, Bn Art #75 speeding, 1969. 

#47. Have you ever been arrested by a law enforcement officer or otherwise charged with a criminal 
offense? 

Answer: Assault (which I didn't do) 1984, Columbus GA; I went to court once/gave lawyer I 
believe $300.00 Never heard anything else 

#48. Have you ever been charged with or convicted of a felony? 

Answer: Yes. I never was lock up or given a sentence. It was and (sic) Xgirl, when she found 
out I got married, she said I "assaulted" her 

12. When the Petitioner went over his Personal History Statement with Mr. Miller, Mr. Miller added information 
obtained from the criminal record check about the 1984 assault charges so that the answer to question#47 included 
the date "Feb. 28", listed the Law Enforcement Agency as "Columbus GA. P.D.", and added "simple battery" to 
the information regarding the Offense charged. With regard to question #48, Mr. Miller changed the Petitioner's 
"Yes" response to a "No." Mr. Miller did not ask the Petitioner whether there had ever been any other charges 
brought against him. 

13. When the Petitioner had his criminal record checks done, both a NCIC and a DCI check were performed. Neither 
record check listed any 1968 charges from Anniston, Alabama. 

14. When Sheriff Mason was notified by the Respondent that there were problems with the Petitioner's application for 
certification because he omitted 1968 charges from Anniston, Alabama, Sheriff Mason met with the Petitioner. 
When Sheriff Mason first informed the Petitioner that there was a problem because the criminal record check 
indicated that the Petitioner had a record, the Petitioner thought Sheriff Mason was referring to the 1984 assault 
charge in Georgia. When Sheriff Mason corrected the Petitioner's mistake by referring to charges from Alabama, 
the Petitioner appeared to be dumbfounded. It took the Petitioner a few minutes recall the events that took place 
in 1968. Once the Petitioner recalled the 1968 incident, he readily admitted to having been arrested in Alabama 
while in the military. He said he had not included that incident on his Personal History Statement because he had 
forgotten about it. 

15. The Petitioner's explanation for not including the 1968 charges was that at the time the incident occurred, he 
reported it to his commanding officer and was told not worry about it. During his career in the military, the 
incident never became an issue as he progressed up the ranks and received various security clearances. Once he 
no longer had to list the incident on any applications for security clearances, the events eventually faded from his 
memory. At the time he completed his Personal History Statement, over 25 years had elapsed since the incident. 
During those 25 years, there had never been any negative repercussions from the incident that would have kept the 
incident fresh in his memory. At the time the Petitioner completed his Personal History Statement, he did not recall 
the 1968 incident and nothing appeared in his criminal record check to remind him of that event. 

16. The Petitioner answered all of the questions contained in the personal history, totaling some 60 individual questions, 
as candidly as possible. He even erred on the side of checking the more serious offense of "felony" in response 
to question #48 when he was unsure of the gravity of the offense. It was Mr. Miller who changed the answer to 
that question. 

17. The Petitioner's answer to question #47 was not intended to hide anything from the Commission. Nor was it 
answered incorrectly because he was afraid that he would be denied certification if he indicated he had been arrested 
in Alabama in 1968. If that had been the case, the Petitioner would not have listed any charges and he would not 
have characterized the 1984 incident as a felony. The fact that it took the Petitioner a little while to remember the 
1968 incident, even when Sheriff Mason questioned him about it, is an indication that he did not knowingly make 
any false or material misrepresentations which were intended to deceive, defraud, misrepresent, or cheat in an effort 

2648 NORTH CAROLINA REGISTER January 15, 1996 10:20 



CONTESTED CASE DECISIONS 



I 



> 



> 



to obtain credit, training, or certification from the Commission or the North Carolina Criminal Justice Education 
and Training Standards Commission. 

18. The Respondent ran a finger print check on the Petitioner. Neither the Petitioner nor the Jones County Sheriffs 
Office could do a finger print check. The finger print check for the Petitioner showed that he had charges in 
Anniston, Alabama. 

19. The Criminal Record Index on the Petitioner that the Respondent received from Anniston, Alabama indicates that 
the Petitioner was charged with Disorderly Conduct-Fighting, Docket No. 10634, and Assault with a Gun, Docket 
No. 10635. He paid a $32.00 fine in the Disorderly Conduct-Fighting charge. The Assault with a Gun charge was 
nol prossed. 

20. Mr. Miller testified that he is familiar with the Petitioner's character and reputation and that it is good. Mr. Miller 
also testified that the Petitioner is a good deputy sheriff and an essential employee of the Sheriffs staff because he 
is shift supervisor, a native of Jones County who is very well liked by the residents, and he is one of only two 
African-Americans on staff in a county that is approximately 50% African-American. Mr. Miller feels that the 
omission of the Alabama charges was an honest oversight by the Petitioner because it took him a while to recall the 
incident when Sheriff Mason questioned the Petitioner about it. 

21. The Petitioner offered testimony from Gregory C. Butler, an Assistant District Attorney for the 4th Judicial District 
which includes Jones County. Mr. Butler has known the Petitioner for approximately one year. He considers 
honesty a critical character trait for a criminal justice official and would not allow the Petitioner to testify in the 
cases he handles if he had any question about the Petitioner's honesty. Mr. Butler considers the Petitioner to be 
one of the finest deputy sheriffs in all four of the counties that comprise the 4th Judicial District. 

22. The Petitioner tendered Troy Peters, another Assistant District Attorney for the 4th Judicial District, as a witness. 
Mr. Peters' testimony would have been the same as Mr. Butler's. 

23. Larry Meadows, Jones County's County Manager for the past twelve years, testified that he has known the 
Petitioner since December 1994. He is familiar with the Petitioner's character and knows him to be honest and 
professional. 

24. Sheriff Mason testified that in his opinion, the Petitioner has done an extraordinary job as a deputy sheriff and it 
would cause harm to the Sheriffs Office if Petitioner is not allowed to remain on the force. He considers the 
Petitioner a critical employee. Sheriff Mason believes that Petitioner simply forgot about the Alabama incident 
because it occurred almost thirty years ago. 

25. Jeffrey Steve Fulk is an attorney practicing in New Bern, North Carolina, and also a Reserve Officer with the Jones 
County Sheriffs Office since July 1995. The Petitioner has been involved in training Mr. Fulk. Mr. Fulk has had 
many occasions to observe the Petitioner performing his duties. In Mr. Fulk's opinion, the Petitioner is 
professional, respected by fellow officers and the public he serves, and is a leader in the Sheriffs Office. 

26. The Petitioner tendered several persons from the community as character witnesses: Sheri Davenport, an attorney 
who has known the Petitioner for a year; Ida Franks and Robert Murrell, who have known the Petitioner all of his 
life. These persons would have testified to the Petitioner's outstanding character and reputation in the community. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. Both the parties are properly before this Administrative Law Judge, in that jurisdiction is proper and both parties 
received notice of the hearing. 

2. The Petitioner did make a material misrepresentation on his Personal History Statement when he failed to include 
the 1968 charges arising out of Anniston, Alabama. The misrepresentation was material even though the 
Respondent's rules require commission or conviction of four or more misdemeanors in order to be subject to denial 
of the requested certification. See 12 NCAC 10B .0204(d). The Respondent contends that there were three charges 



10:20 NORTH CAROLINA REGISTER January 16, 1996 2649 



CONTESTED CASE DECISIONS 



in 1968: disorderly conduct, fighting, and assault with a gun. Based, however, on the fact that there are only two 
docket numbers and the fact that a disorderly conduct charge must be based on some specified action, the 
undersigned concludes that there were only two charges: disorderly conduct, i.e. fighting, and assault with a gun. 
Therefore, even if the Petitioner had listed the Alabama charges, 12 NCAC 10B .0204(d) would not have been 
applicable. The misrepresentation was material because it prevented the Respondent from investigating the 
circumstances surrounding the 1968 charges. 

3. The Respondent failed to establish by the greater weight of the evidence that the Petitioner "knowingly" 

misrepresented the facts by failing to include the 1968 Alabama charges on his Personal History Statement. The 
Respondent argues that people do not "forget" events as significant as an arrest. The Petitioner does not contend 
that he has no recollection of the Alabama incident. He merely contends that the incident did not come to mind 
while he was completing his Personal History Statement and nothing occurred during process of assembling the 
documents required for certification to remind him of that incident. The evidence was overwhelming that the 
Petitioner is a honest, trustworthy, hard working, and well respected citizen of Jones County. There was no 
evidence presented that would cause one to question the Petitioner's honesty. Therefore, the undersigned concludes 
that the Petitioner did not knowingly make a material misrepresentation of any information required for certification 
by the Commission. 

PROPOSED DECISION 

IT IS HEREBY proposed that the North Carolina Sheriffs' Education and Training Standards Commission grant the 
Petitioner's application for certification and allow the Petitioner's continued employment with the Jones County Sheriffs 
Office. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statutes section 
150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes section 150B- 
40(e) to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written 
arguments to those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-42(a)to serve a copy of the Final Decision 
on all parties and to furnish a copy to the Parties' attorney of record. 

This the 22nd day of December, 1995. 



Brenda B. Becton 
Administrative Law Judge 



2650 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CONTESTED CASE DECISIONS 



> 



STATE OF NORTH CAROLINA 
COUNTY OF GUILFORD 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95EHR0311 

95 EHR 0437 



RICHARD A. JENKINS 
Petitioner, 



NORTH CAROLINA WATER POLLUTION 
CONTROL SYSTEMS OPERATORS 
CERTIFICATION COMMISSION, 
Respondent. 



RECOMMENDED DECISION 



> 



The above-entitled consolidated contested cases were heard before Beecher R. Gray, Administrative Law Judge, 
on October 3, 1995 in High Point, North Carolina. At the conclusion of the evidence, the parties requested and received 
leave to file Proposed Decisions and written arguments. The parties filed proposals and arguments on November 6, 1995. 

APPEARANCES 

Petitioner: Seth R. Cohen, Esq. 

P.O. Box 990 
Greensboro, North Carolina 27403 

Respondent: James P. Longest, Jr., 

Associate Attorney General 
N.C. Department of Justice 
Raleigh, North Carolina 27602 

ISSUE 



> 



Whether Petitioner, a Certified Wastewater Treatment Plant Operator, made access to the treatment system of the 
City of Greensboro at some location other than the treatment plant and by this manner disposed of sludge without the City's 
knowledge and without complying with their policies and requirements. 

PETITIONER'S MOTION FOR SUMMARY JUDGMENT 

At the outset of the hearing, Petitioner moved to renew its Motion for Summary Judgment which previously had 
been submitted in writing and denied during a telephone conference hearing on July 20, 1995. The written order denying 
that Motion was filed on July 24, 1995. 

The essence of Petitioner's Motion is that Respondent is barred by the doctrine of res judicata from further action 
against Petitioner's certificate based upon the same facts and circumstances alleged in an earlier certificate action heard by 
Administrative Law Judge Thomas R. West on October 3, 1994. In a Final Decision in 94 EHR 0424, filed on October 1 1 , 
1994, Judge West made the following Findings and Conclusions: 

[a]t the beginning of the hearing, Petitioner revisited the issues raised in his 
Motion for Summary Judgment and moved to dismiss the case for lack of proper notice. 
Full and complete argument was heard from counsel. The Commission announced that 
it would be prepared to put on evidence that Petitioner disposed of the sludge into 
collector lines which led to the treatment plant, thus defrauding Greensboro by 
introducing sludge into its system without paying fees and having the waste analyzed. 

The Administrative Law Judge announced, that, upon consideration of the whole 
record, he was prepared to conclude that Petitioner had been given notice, at the time the 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2651 



CONTESTED CASE DECISIONS 



Commission acted to revoke his permit , that the permit was being revoked for 
fraudulently bringing sludge into the waste treatment plant, disposing of it there at the 
plant and not paying a fee or submitting it to analysis. The Administrative Law Judge 
announced that if the Commission presented evidence on that theory, that the Commission 
would not necessarily be prevented from taking subsequent action on the two fraud 
theories expressed after the revocation. The Administrative Law Judge announced that 
if the Commission did not put on evidence that Petitioner defrauded Greensboro by 
bringing sludge into the facility and dumping it there without paying a fee or having it 
analyzed, then this case would be dismissed for failure to prosecute. The Administrative 
Law Judge told the parties that ruling would be res judicata on the issue noticed , but that 
the Administrative Law Judge did not consider it to be res judicata on issues not noticed 
for hearing, i.e., that Petitioner had defrauded Greensboro by disposing of sludge into 
collector lines or a creek. The Administrative Law Judge noted, and the parties seemed 
to agree, that illegal dumping of sludge into the receiving waters of the State was not an 
issue of defrauding the Greensboro treatment facility. 

The Commission declined to introduce evidence that Petitioner fraudulently 
disposed of sludge into the City of Greensboro's treatment facility by bringing sludge to 
the plant, disposing of it at the plant and failing to pay a fee or have the sludge analyzed. 

The Administrative Law Judge concludes, upon consideration of the record as 
a whole, that that is the basis upon which the Commission sought to revoke Petitioner's 
certificate and gave notice sufficient to meet the requirements of due process. 

Accordingly, the contested case is DISMISSED for Respondent's failure to put 
on any evidence. 

IT IS SO ORDERED. (Emphasis in original). 

In the undersigned's Order filed on July 24, 1995, the following Findings and Conclusions were made: 

1. since matters outside the pleading are considered, this Motion is treated as one for 
Summary Judgment under G.S. 1A-1, Rule 56; the parties agreed that each had full 
opportunity to discover and file supportive material; 

2. this Motion seeks to bar Respondent's present certificate revocation action because of the 
res judicata effect of the decision rendered by Administrative Law Judge Thomas R. West 
in 94 EHR 424 on October 11, 1994; 

3. having considered the Motion, Respondent's response and documents of record, the 
undersigned concluded, and hereby affirms, that Respondent is barred by the doctrine of 
res judicata from proceeding on the theory that Petitioner dumped or placed sludge into 
the Greensboro sewage treatment facility by placing it into the North Buffalo Plant 
directly; and 

4. Respondent is not barred from proceeding on a theory that Petitioner improperly disposed 
of sludge by dumping or placing it into the Greensboro treatment facility at some point 
other than directly at the North Buffalo Plant. 

For the reasons set forth in Judge West's Final Decision of October 1 1, 1994 and the undersigned's Order of July 
24, 1995, Petitioner's oral motion to renew his earlier Motion for Summary Judgment is hereby DENIED. 

FINDINGS OF FACT 

1. The parties received notice of hearing more than fifteen (15) days prior to the hearing and each stipulated 
on the record that notice was proper in all respects. 

2. The parties stipulated on the record and in a written document at the outset of the hearing that each agreed 
2652 NORTH CAROLINA REGISTER January 15, 1996 10:20 



i 



CONTESTED CASE DECISIONS 



to the consolidation of the above-entitled cases for purposes of hearing and decision. 

3. Petitioner holds a Grade IV Wastewater Treatment Plant Operator Certificate issued by Respondent. He 
operates several small wastewater treatment plants in Guilford County as the operator in responsible charge. Petitioner 
worked for the City of Greensboro for a number of years, leaving in 1979 to go into business for himself. 

4. On May 18, 1993, Michael Mickey, an employee of the Division of Environmental Management, 
Department of Health, Environment, and Natural Resources, visited Petitioner's wastewater treatment plant at Hidden Forest 
Mobile Home Park to conduct a routine compliance inspection. In such an inspection, Michael Mickey would take samples 
of treated wastewater to compare the contaminants being discharged against the limits imposed in the wastewater discharge 
permit for that facility. 

5. During Michael Mickey's inspection of the plant, he observed floating solids below the effluent or discharge 
pipe and sludge deposits on the bottom of the creek into which the plant's discharge flowed. This being an undesirable and 
unexpected condition, Michael Mickey asked Petitioner about his removal of sludge from the treatment plant. Sludge is a 
natural by-product of a wastewater treatment plant of this type and must periodically be removed from the plant for disposal 
in an approved manner. 

6. Petitioner stated to Michael Mickey that he was pumping sludge out of the treatment plant twice per month 
and hauling it in his pumper truck to the City of Greensboro's North Buffalo Treatment Plant for disposal. 

7. Of the two (2) wastewater treatment plants operated by the City of Greensboro, only the North Buffalo Plant 
has a specific facility on-site for acceptance of sewage sludge hauled in by truck. The City issues permits at a cost of $24 
per thousand gallons which a sludge hauler must possess before he is allowed to dump into the North Buffalo Plant. Before 
a load is dumped into the specific site at the North Buffalo Plant, an operator tests the load for pH and the driver of the 
pump truck is given a receipt for each load dumped. 

8. On May 19, 1993, Michael Mickey went back to Petitioner's Hidden Forest wastewater treatment plant. 
On this visit, Petitioner told Michael Mickey that he had no record of the sludge dumps into the North Buffalo Treatment 
Plant. 

9. On May 20, 1993, Michael Mickey returned to Petitioner's Hidden Forest Wastewater Treatment Plant and 
was shown a calendar containing alleged sludge pumping dates from the Hidden Forest Plant by Petitioner. The dates ran 
from January, 1993 through May, 1993. 

10. The North Buffalo Plant has no records of sludge dumps by Petitioner for the period from January, 1993 
through May, 1993. 

1 1 . Michael Mickey has no personal knowledge that Petitioner has improperly disposed of sludge from the 
Hidden Forest Wastewater Treatment Plant. 

12. As a result of the 1993 inspections by Michael Mickey, the Division of Environmental Management's Water 
Quality Regional Supervisor, Steve Mauney, issued a show cause order directing Petitioner to appear for a hearing. 

13. A hearing was scheduled for June 24, 1993. On June 23, 1993, Petitioner delivered a letter from himself 
to Steve Mauney in which he gave dates from his calendar upon which he had transported sludge from the Hidden Forest 
Wastewater Treatment Plant to the North Buffalo Wastewater Treatment Plant. 

14. Steve Mauney talked to Petitioner by telephone on July 24, 1993. Petitioner stated that it was possible to 
lose three thousand (3,000) gallons of sludge in a twenty thousand (20,000) gallon plant. He further stated that he had hauled 
sludge from the Hidden Forest Plant to three (3) other wastewater plants he was operating. 

15. During a telephone call between Steve Mauney and Petitioner in July, 1993. Petitioner stated that his lack 
of receipts from the North Buffalo Plant did not indicate that he had not dumped sludge there. 

16. Petitioner attended a show cause hearing on July 30, 1993 at which he reaffirmed that he had hauled "seed 
sludge" from Hidden Forest to three (3) other plants he operated at a rate of approximately three thousand (3,000) gallons 



10:20 NORTH CAROLINA REGISTER January 16, 1996 2653 



CONTESTED CASE DECISIONS 



per trip. The proper location to place sludge in a wastewater treatment plant is into the aeration basin. Petitioner stated that 
he placed the "seed sludge" he hauled into the digester at the wastewater treatment plant or plants which he seeded. 

17. Petitioner holds a land application sludge disposal permit which enables him to dispose of sludge by land 
application without going through the North Buffalo Plant. 

18. Steve Mauney has no personal knowledge of any improper sludge disposal by Petitioner. 

19. Martha Groom is the Lab and Industrial Waste Supervisor for the City of Greensboro. She checked the 
records of the North Buffalo Plant and could find no record of sludge brought into the plant by Petitioner during the period 
from January, 1993 through May, 1993. She conducted an internal investigation to determine whether someone had assisted 
Petitioner in making unpermitted sludge dumps into the North Buffalo Plant. No such person or persons were discovered. 

20. In a meeting in 1994 attended by Petitioner and Supervisor Groom, Petitioner stated that the people in the 
Greensboro System who had helped him would not come forward and that they had helped him because his truck was broken. 
In the week following this meeting, Petitioner approached Supervisor Groom at the North Buffalo Plant and told her that 
both she and the State misunderstood; that he never had said that his helper in the Greensboro System was at the North 
Buffalo Plant. 

21. The Greensboro Sewage Treatment System contains approximately 20,000 manholes and approximately 
1,700 miles of mainline. If Petitioner dumped sludge into one of these manholes or into a carwash drain, it eventually would 
travel to one of the Greensboro wastewater treatment plants. 

22. North Carolina General Statute Section 90A-41 provides that: 

The Commission, in accordance with the procedure set forth in Chapter 150B of the 
General Statutes, may suspend or revoke a certificate or may issue a written reprimand 
to an operator if it finds that the operator has practiced fraud or deception; that 
reasonable care, judgment, or the application of his knowledge or ability was not used 
in the performance of his duties; or that the operator is incompetent or unable to properly 
perform his duties. 

N.C. Gen. Stat. 90A-41 (1992). 

CONCLUSIONS OF LAW 

Based upon the foregoing Findings of Fact, I make the following Conclusions of Law. 

1. The parties are properly before the Office of Administrative Hearings. 

2. During the events leading up to this disciplinary action, Petitioner made hearsay statements to various 
regulatory officials, admitted into the evidence in this contested case hearing as admissions of a party opponent, that he had 
hauled and disposed of approximately 3,000 gallons of sludge once or twice per month to the North Buffalo Plant and, 
inconsistently, made statements that he had used that sludge to seed other wastewater treatment plants under his care. Such 
inconsistent statements to regulatory officials about the ultimate disposal of sludge constitute the practice of deception, within 
the meaning of G.S. 90A-41. 

3. Respondent, however, has not given Petitioner notice of its intent to prove deception on his part in the 
performance of his duties; its notice of revocation gave him notice only that the Commission intended to prove that he had 
made access to the treatment system of the City of Greensboro at some location other than the treatment plant. 

4. Respondent has not demonstrated by a preponderance of substantial evidence that Petitioner made access 
to the treatment system of the City of Greensboro at some location other than the treatment plant. Although the evidence 
would support a finding of deception by Petitioner, he has not been afforded the due process requirements of notice and 
opportunity to be heard on that issue and the revocation notice has not been amended to conform the notice with the evidence 
presented. 

RECOMMENDED DECISION 
2654 NORTH CAROLINA REGISTER January 15, 1996 10:20 



CONTESTED CASE DECISIONS 



Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that Respondent 
reverse its decision to revoke Petitioner's wastewater treatment plant operator's certificate as not supported by the evidence. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the North Carolina Water Pollution Control 
System Operators Certification Commission. 

This the 19th day of December, 1995. 



Beecher R. Gray 
Administrative Law Judge 



10:20 NORTH CAROLINA REGISTER January 16, 1996 2655 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSED BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary' of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



2656 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



> 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



ACUPUNCTURE LICENSING BOARD 



> 



21 NCAC 01 .0101 




10 


02 NCR 150 


07/01/95 


.0201 




10 


07 NCR 585 


10/01/95 


.0401 - 


.0402 


10 


02 NCR 150 


07/01/95 


.0501 




10 


07 NCR 585 


10/01/95 


.0701 




10 


07 NCR 585 


10/01/95 


.0702 - 


.0704 


10 


16 NCR 2027 


02/01/96 


.0705 




10 


17 NCR 2228 




.0706 - 


.0707 


10 


16 NCR 2027 


02/01/96 


.0709 




10 


17 NCR 2228 




.0710 - 


.0711 


10 


16 NCR 2027 


02/01/96 


ADMINISTRATION 








1 NCAC 05 A .0001 - 


.0002 


10:16 NCR 1651 


02/01/96 


.0004 




10:16 NCR 1651 


02/01/96 


.0009 - 


.0010 


10:16 NCR 1651 


02/01/96 


.0012 




10:16 NCR 1651 


02/01/96 


05B .0101 - 


.0103 


10:16 NCR 1651 


02/01/96 


.0201 




10:16 NCR 1651 


02/01/96 


.0203 - 


.0204 


10:16 NCR 1651 


02/01/96 


.0206 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0314 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0404 


10:16 NCR 1651 


02/01/96 


.0501 - 


.0503 


10:16 NCR 1651 


02/01/96 


.0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0702 


10:16 NCR 1651 


02/01/96 


.0801 - 


.0808 


10:16 NCR 1651 


02/01/96 


.0810 




10:16 NCR 1651 


02/01/96 


.0901 - 


.0902 


10:16 NCR 1651 


02/01/96 


.0904 - 


.0906 


10:16 NCR 1651 


02/01/96 


.1001 - 


.1003 


10:16 NCR 1651 


02/01/96 


.1101 




10:16 NCR 1651 


02/01/96 


.1103 - 


.1104 


10:16 NCR 1651 


02/01/96 


.1106 




10:16 NCR 1651 


02/01/96 


.1108 




10:16 NCR 1651 


02/01/96 


.1201 - 


.1202 


10:16 NCR 1651 


02/01/96 


.1301 - 


.1302 


10:16 NCR 1651 


02/01/96 


.1401 - 


.1403 


10:16 NCR 1651 


02/01/96 


.1501 - 


.1513 


10:16 NCR 1651 


02/01/96 


.1516- 


.1521 


10:16 NCR 1651 


02/01/96 


.1601 - 


.1603 


10:16 NCR 1651 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1651 


02/01/96 


.1801 - 


.1804 


10:16 NCR 1651 


02/01/96 


.1901 




10:16 NCR 1651 


02/01/96 


.1903 




10:16 NCR 1651 


02/01/96 


.1906- 


.1907 


10:16 NCR 1651 


02/01/96 


.1909 




10:16 NCR 1651 


02/01/96 


05C .0601 - 


.0602 


10:16 NCR 1651 


02/01/96 


.0701 - 


.0704 


10:16 NCR 1651 


02/01/96 


.0708 




10:16 NCR 1651 


02/01/96 


.0711 




10:16 NCR 1651 


02/01/96 


.0717- 


.0718 


10:16 NCR 1651 


02/01/96 


.0720 




10:16 NCR 1651 


02/01/96 


.0722 




10:16 NCR 1651 


02/01/96 


.0803 - 


.0804 


10:16 NCR 1651 


02/01/96 


.0903 




10:16 NCR 1651 


02/01/96 


.1008 - 


.1009 


10:16 NCR 1651 


02/01/96 


05D .0101 - 


.0102 


10:16 NCR 1651 


02/01/96 


.0201 - 


.0206 


10:16 NCR 1651 


02/01/96 


.0208 - 


.0210 


10:16 NCR 1651 


02/01/96 


.0301 - 


.0303 


10:16 NCR 1651 


02/01/96 


.0401 - 


.0403 


10:16 NCR 1651 


02/01/96 



08/01/95 
12/01/95 
08/01/95 
12/01/95 
12/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2657 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 









.0501 - 


.0509 


10:16 NCR 1651 


02/01/96 


39 


.0101 




10:16 NCR 1672 


02/01/96 




.0201 




10:16 NCR 1672 


02/01/96 


ADMINISTRATIVE HEARINGS 






26 NCAC 02A 


.0101 - 


.0102 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0212 


10:16 NCR 2160 


02/01/96 




.0301 




10:16 NCR 2160 


02/01/96 




.0303 




10:16 NCR 2160 


02/01/96 




.0401 - 


.0406 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0507 


10:16 NCR 2160 


02/01/96 


02B 


.0101 




10:16 NCR 2160 


02/01/96 




.0103 - 


.0104 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0204 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0304 


10:16 NCR 2160 


02/01/96 




.0401 




10:16 NCR 2160 


02/01/96 


02C 


.0101 - 


.0109 


10:16 NCR 2160 


02/01/96 




.0201 - 


.0206 


10:16 NCR 2160 


02/01/96 




.0301 - 


.0305 


10:16 NCR 2160 


02/01/96 




.0401 - 


.0409 


10:16 NCR 2160 


02/01/96 




.0501 - 


.0503 


10:16 NCR 2160 


02/01/96 


AGRICULTURE 










2 NCAC 09L 


.1806 




10:16 NCR 1674 


03/01/96 


34 


.0904 




10:04 NCR 228 


08/01/95 




.0904 




10:07 NCR 430 


11/01/95 


48A 


.1702 




10:15 NCR 1432 


02/01/96 


48C 


.0029 




10:15 NCR 1432 


02/01/96 


52B 


.0207 




10:15 NCR 1432 


02/01/96 




.0212 




10:15 NCR 1432 


02/01/96 




.0302 




10:15 NCR 1432 


02/01/96 


52C 


.0105 




10:15 NCR 1432 


02/01/96 


ARCHITECTURE 








21 NCAC 02 


.0208 




10:12 NCR 985 


12/01/95 


02 


.0301 - 


.0302 


10:10 NCR 829 


07/01/96 


AUCTIONEERS 










21 NCAC 04B 


.0103 




10:16 NCR 2028 


03/01/96 




.0201 - 


.0202 


10:16 NCR 2028 


03/01/96 




.0403 




10:16 NCR 2028 


03/01/96 




.0505 




10:16 NCR 2028 


03/01/96 




.0601 - 


.0602 


10:16 NCR 2028 


03/01/96 


BARBER EXAMINERS 








21 NCAC 06H 


.0002 




10:16 NCR 2033 


02/01/96 


06J 


.0002 




10:16 NCR 2033 


02/01/96 


06K 


.0003 




10:16 NCR 2033 


02/01/96 


CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08 A 


.0301 




10:16 NCR 2033 


02/01/96 


08F 


.0103 




10:16 NCR 2033 


02/01/96 




.0105 




10:04 NCR 255 


08/01/95 




.0113 




10:04 NCR 255 


08/01/95 


08G 


.0401 




10:04 NCR 255 


08/01/95 




.0404 




10:16 NCR 2033 


02/01/96 




.0409 




10:16 NCR 2033 


02/01/96 


OS I 


.0004 




10:16 NCR 2033 


02/01/96 


08J 


.0001 




10:16 NCR 2033 


02/01/96 




.0005 




10:04 NCR 255 


08/01/95 




.0006 




10:16 NCR 2033 


02/01/96 




.0008 




10:04 NCR 255 


08/01/95 


08M 


.0102 




10:04 NCR 255 


08/01/95 



♦ 



N/A 
11/01/95 



Renoticed in 10:7 



12/01/95 
07/01/96 



08/01/95 
08/01/95 
08/01/95 



08/01/95 



08/01/95 

N/A RRC Obj./Rule Withdrawn 



2658 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



I 





CUMULATIVE INDEX 










Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



i 



> 





.0102- 


.0103 


10:16 NCR 2033 


02/01/96 




.0104 




10:04 NCR 255 


08/01/95 




.0206 - 


.0207 


10:16 NCR 2033 


02/01/96 




.0304 




10:16 NCR 2033 


02/01/96 




.0306 




10:04 NCR 255 


08/01/95 




.0401 




10:04 NCR 255 


08/01/95 




.0401 - 


.0402 


10:16 NCR 2033 


02/01/96 


08N 


.0203 




10:04 NCR 255 


08/01/95 




.0302 




10:04 NCR 255 


08/01/95 




.0306 




10:16 NCR 2033 


02/01/96 




.0307 




10:04 NCR 255 


08/01/95 


CHIROPRACTIC EXAMINERS 






21 NCAC 10 


.0203 




10:04 NCR 261 


08/01/95 


COMMERCE 










4 NCAC 02R 


.0303 




10:16 NCR 1675 


06/01/96 




.0305 




10:16 NCR 1675 


06/01/96 




.1708 




10:16 NCR 1675 


06/01/96 




.1710 




10:16 NCR 1675 


06/01/96 




.1801 - 


.1802 


10:16 NCR 1675 


06/01/96 


02S 


.0102 - 


.0103 


10:16 NCR 1675 


06/01/96 




.0105 - 


.0106 


10:16 NCR 1675 


06/01/96 




.0109 




10:16 NCR 1675 


06/01/96 




.0209 




10:16 NCR 1675 


06/01/96 




.0228 




10:16 NCR 1675 


06/01/96 




.0234 - 


.0235 


10:16 NCR 1675 


06/01/96 




.0402 - 


.0404 


10:16 NCR 1675 


06/01/96 




.0511 - 


.0513 


10:16 NCR 1675 


06/01/96 




.0516 




10:16 NCR 1675 


06/01/96 




.0519 




10:16 NCR 1675 


06/01/96 




.0525 




10:16 NCR 1675 


06/01/96 




.0614 




10:16 NCR 1675 


06/01/96 




.0708 




10:16 NCR 1675 


06/01/96 




.0901 - 


.0904 


10:16 NCR 1675 


06/01/96 




.1005 




10:16 NCR 1675 


06/01/96 




.1008 




10:16 NCR 1675 


06/01/96 




.1011 




10:16 NCR 1675 


06/01/96 




.1021 




10:16 NCR 1675 


06/01/96 


02T 


.0101 - 


.0102 


10:16 NCR 1675 


06/01/96 




.0201 - 


.0202 


10:16 NCR 1675 


06/01/96 




.0206 




10:16 NCR 1675 


06/01/96 




.0301 - 


.0305 


10:16 NCR 1675 


06/01/96 




.0308 - 


.0309 


10:16 NCR 1675 


06/01/96 




.0409 - 


.0411 


10:16 NCR 1675 


06/01/96 




.0502 




10:16 NCR 1675 


06/01/96 




.0601 - 


.0602 


10:16 NCR 1675 


06/01/96 




.0604 




10:16 NCR 1675 


06/01/96 




.0606 




10:16 NCR 1675 


06/01/96 




.0707 - 


.0709 


10:16 NCR 1675 


06/01/96 




.0711 




10:16 NCR 1675 


06/01/96 




.1104- 


.1108 


10:16 NCR 1675 


06/01/96 


06C 


.0203 
.0205 
.0407 
.0409 




10:05 NCR 300 
10:18 NCR 2398 
10:18 NCR 2398 
10:18 NCR 2398 


09/01/95 


10 






10:15 NCR 1428 




19L 


.0401 




10:16 NCR 1698 


02/01/96 




.0403 




10:16 NCR 1698 


02/01/96 




.0407 




10:16 NCR 1698 


02/01/96 




.0501 - 


.0502 


10:16 NCR 1698 


02/01/96 




.0505 




10:16 NCR 1698 


02/01/96 




.0802 




10:16 NCR 1698 


02/01/96 



08/01/95 



08/01/95 
08/01/95 

08/01/95 
08/01/95 

08/01/95 



08/01/95 



Rule-Making Proceeding 
Rule-Making Proceeding 
Rule-Making Proceeding 
Public Notice 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2659 



CUMULATIVE INDEX 







Proposed 

Effective 

Date 






Effective 




Agency/Rule Citation 


Proposed in 
Register 


Fiscal note 


State 


Local 


Date 













.0805 




10:16 NCR 1698 


02/01/96 


.0901 




10:16 NCR 1698 


02/01/96 


.0906 - 


.0907 


10:16 NCR 1698 


02/01/96 


.0911 




10:16 NCR 1698 


02/01/96 


.1002 




10:16 NCR 1698 


02/01/96 


.1004 




10:16 NCR 1698 


02/01/96 


.1009 




10:16 NCR 1698 


02/01/96 


.1301 - 


.1303 


10:16 NCR 1698 


02/01/96 


.1701 - 


.1703 


10:16 NCR 1698 


02/01/96 


.1801 - 


.1803 


10:16 NCR 1698 


02/01/96 


COMMUNITY COLLEGES 






23 NCAC 02C .0108 




10:03 NCR 208 


09/01/95 


.0210 




10:07 NCR 587 


01/01/96 


.0211 




10:03 NCR 208 


09/01/95 


.0301 




10:07 NCR 587 


01/01/96 


.0306 




10:03 NCR 208 


09/01/95 


02E .0403 




10:07 NCR 587 


01/01/96 


CORRECTION 








5 NCAC 05 .0001 




10:01 NCR 12 


07/01/95 


COSMETIC ART EXAMINERS 






21 NCAC 14B .0604 




10 


12 NCR 985 


12/01/95 


14J .0502 




10 


14 NCR 1380 


01/01/96 


14L .0301 - 


.0302 


10 


14 NCR 1380 


01/01/96 


14N .0106 - 


.0108 


10 


14 NCR 1380 


01/01/96 


.0112 




10 


14 NCR 1380 


01/01/96 


CULTURAL RESOURCES 






7 NCAC 02F .0002 




10:01 NCR 12 


07/01/95 


05 .0200 




10:18 NCR 2398 




DIETETICS/NUTRITION 






21 NCAC 17 .0101 - 


.0102 


10:16 NCR 2046 


02/01/96 


.0104 




10:16 NCR 2046 


02/01/96 


.0107 




10:16 NCR 2046 


02/01/96 


.0113 - 


.0114 


10:16 NCR 2046 


02/01/96 


.0301 - 


.0304 


10:16 NCR 2046 


02/01/96 


.0401 - 


.0402 


10:16 NCR 2046 


02/01/96 


DENTAL EXAMINERS 








21 NCAC 16 




10:16 NCR 2043 


05/01/96 


21 NCAC 16H .0104 




10:16 NCR 2043 


05/01/96 


.0202 - 


.0203 


10:16 NCR 2043 


05/01/96 


16T .0001 - 


.0002 


10:16 NCR 2043 


05/01/96 


16U .0101 - 


.0102 


10:16 NCR 2043 


05/01/96 


.0201 - 


.0204 


10:16 NCR 2043 


05/01/96 


ELECTRICAL CONTRACTORS 






21 NCAC 18B .0103 




10:15 NCR 1579 


02/01/96 


.0207 




10:15 NCR 1579 


02/01/96 


.0303 




10:15 NCR 1579 


02/01/96 


.0402 




10:15 NCR 1579 


02/01/96 


.0601 




10:15 NCR 1579 


02/01/96 


.0902 - 


.0903 


10:15 NCR 1579 


02/01/96 


.0905 




10:15 NCR 1579 


02/01/96 


ELECTROLYSIS EXAMINERS 






21 NCAC 19 .0104 




10:11 NCR 907 


12/01/95 


.0204 




10:11 NCR 907 


12/01/95 


.0616 




10 


11 NCR 907 


12/01/95 



12/01/95 
01/01/96 
12/01/95 
01/01/96 
12/01/95 
01/01/96 



07/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 



08/01/95 



Rule-Making Proceeding 



Notice on Subject Matter 



12/01/95 
12/01/95 
12/01/95 



2660 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



\ 



\ 





Agencj /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 


ENVIRONMENT 


HEALTH, AND NATURAL RESOURCES 








15A NCAC 01 




10:18 NCR 2317 








Rule-Making Agenda 


01C 


0101 

.0503 - .0504 


10:16 NCR 1828 
10:16 NCR 1828 


02/01/96 
02/01/96 








OIK 




10:19 NCR 2506 








Rule-Making Proceeding 


02 


• 


10:18 NCR 2316 








Public Notice/303(d) list 


02 




10:18 NCR 2317 








Rule-Making Agenda 


02B 


.0101 

.0104 

.0202 

.0211 

.0216 

.0224 - .0225 

.0224 

.0227 

.0301 

.0303 

0303 


10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:16 NCR 1838 
10:16 NCR 1838 
10:18 NCR 2400 
10:18 NCR 2400 
10:01 NCR 13 
10:08 NCR 661 
10:18 NCR 2400 


02/01/96 
02/01/96 

11/01/95 






Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 

Rule-Making Proceeding 
Rule-Making Proceeding 
Correction to Notice 

Rule-Making Proceeding 




0304 


10:04 NCR 246 


01/01/96 




01/01/96 






0304 


10:05 NCR 301 


11/01/95 




11/01/95 






0304 


10:15 NCR 1515 


04/01/96 


X 








.0304 


10:16 NCR 1846 


05/01/96 


X 








.0308 - 0310 


10:08 NCR 661 


11/01/95 










.0308 


10:08 NCR 661 


02/01/96 










.0313 


10:11 NCR 901 


02/01/96 










.0315 - .0316 


10:08 NCR 661 


11/01/95 










.0315 


10:08 NCR 661 


02/01/96 










.0315 


10:16 NCR 1835 


05/01/96 










.0316 


10:04 NCR 246 


01/01/96 




01/01/96 




02C 


.0201 - .0216 


10:16 NCR 1848 


05/01/96 








02D 


.0101 
.0501 
.0516 
.0518 - 0519 


10:16 NCR 1867 
10:16 NCR 1867 
10:16 NCR 1867 
10:16 NCR 1867 


05/01/96 
05/01/96 
05/01/96 
05/01/96 










.0520 


10:01 NCR 13 


07/01/95 


X X 








.0520 


10:16 NCR 1867 


05/01/96 










.0521 


10:16 NCR 1867 


05/01/96 










.0524- ..0525 


10:16 NCR 1867 


05/01/96 










.0531 


10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0531 


10:15 NCR 1520 


04/01/96 










.0533 


10:16 NCR 1867 


05/01/96 










.0535 


10:16 NCR 1867 


05/01/96 










.0537 


10:16 NCR 1867 


05/01/96 










.0539 


10:16 NCR 1867 


05/01/96 










.0601 


10:16 NCR 1867 


05/01/96 










.0604 


10:16 NCR 1867 


05/01/96 










.0608 


10:16 NCR 1867 


05/01/96 










.0804 - .0805 


10:15 NCR 1520 


04/01/96 


X 








.0901 


10:15 NCR 1520 


04/01/96 










.0902 


10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0902 


10:16 NCR 1867 


05/01/96 










.0909 


10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0917 - .0924 


10:15 NCR 1520 


04/01/96 










.0926 - .0928 


10:15 NCR 1520 


04/01/96 










.0929 


10:16 NCR 1867 


05/01/96 










.0934 - .0935 


10:15 NCR 1520 


04/01/96 










.0937 


10:15 NCR 1520 


04/01/96 










.0951 


10:15 NCR 1520 


04/01/96 










.0952 


10:01 NCR 13 


07/01/95 


X X 


07/01/95 






.0953 - .0954 


10:15 NCR 1520 


04/01/96 










.1109 - .1111 


10:16 NCR 1867 


05/01/96 










.1202 


10:16 NCR 1867 


05/01/96 










.1204- .1206 


10:16 NCR 1867 


05/01/96 









10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2661 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.1301 - 


.1302 


10:15 NCR 1520 


04/01/96 






.1304 




10:15 NCR 1520 


04/01/96 






.1402 




10:01 NCR 13 


07/01/95 x 


x 07/01/95 




.1406 




10:01 NCR 13 


07/01/95 x 


X 




.1409 




10:01 NCR 13 


07/01/95 x 


X 




.1701 - 


.1702 


10:01 NCR 13 


07/01/95 x 


X 




.1801 - 


.1803 


10:01 NCR 13 


07/01/95 x 


X 




.1901 - 


.1906 


10:16 NCR 1867 


05/01/96 


X 


02H 


.0219 




10:14 NCR 1325 


05/01/96 






.0610 




10:16 NCR 1867 


05/01/96 




02L 


.0106 
.0202 




10:19 NCR 2508 
10:20 NCR 2591 




01/02/96 


02P 


.0402 




10:19 NCR 2512 




01/02/96 


02Q 


.0102 




10:16 NCR 1867 


05/01/96 






.0103 




10:16 NCR 1867 


05/01/96 x 


X 




.0109 




10:16 NCR 1867 


05/01/96 






.0201 - 


.0204 


10:16 NCR 1867 


05/01/96 






.0207 




10:16 NCR 1867 


05/01/96 






.0302 




10:16 NCR 1867 


05/01/96 






.0311 




10:16 NCR 1867 


05/01/96 






.0401 - 


.0418 


10:15 NCR 1520 


04/01/96 






.0501 - 


.0503 


10:16 NCR 1867 


05/01/96 






.0507 - 


.0508 


10:16 NCR 1867 


05/01/96 






.0526 




10:16 NCR 1867 


05/01/96 




03 






10:15 NCR 1515 


03/01/96 




03 






10:18 NCR 2317 






031 


.0001 




10:14 NCR 1336 


03/01/96 






.0005 




10:14 NCR 1336 


03/01/96 






.0018 




10:14 NCR 1336 


03/01/96 




03J 


.0103 - 


.0104 


10:14 NCR 1336 


03/01/96 






.0107 




10:14 NCR 1336 


03/01/96 x 






.0202 




10:14 NCR 1336 


03/01/96 






.0301 




10:14 NCR 1336 


03/01/96 






.0401 




10:14 NCR 1336 


03/01/96 






.0402 




10:14 NCR 1336 


03/01/96 






.0403 




10:15 NCR 1515 


03/01/96 




03K 


.0104- 


.0105 


10:14 NCR 1336 


03/01/96 






.0201 - 


.0202 


10:14 NCR 1336 


03/01/96 




03 L 


.0301 - 


.0302 


10:14 NCR 1336 


03/01/96 




03 M 


.0202 




10:14 NCR 1336 


03/01/96 






.0204 




10:14 NCR 1336 


03/01/96 






.0301 




10:14 NCR 1336 


03/01/96 






.0501 




10:14 NCR 1336 


03/01/96 






.0503 - 


.0504 


10:14 NCR 1336 


03/01/96 






.0506 - 


.0507 


10:14 NCR 1336 


03/01/96 






.0510- 


.0511 


10:14 NCR 1336 


03/01/96 






.0512 




10:14 NCR 1336 


03/01/96 




03R 


.0003 - 


.0005 


10:14 NCR 1336 


03/01/96 






.0007 




10:14 NCR 1336 


03/01/96 






.0011 




10:14 NCR 1336 


03/01/96 




Permit 






10:02 NCR 56 






04A 


.0001 




10:07 NCR 579 


10/01/95 


10/01/95 




.0005 




10:07 NCR 579 


10/01/95 


10/01/95 


04B 


.0016 




10:07 NCR 579 


10/01/95 


10/01/95 




.0020 




10:07 NCR 579 


10/01/95 


10/01/95 




.0028 




10:02 NCR 149 


07/01/95 


08/01/95 




.0029 - 


.0030 


10:07 NCR 579 


10/01/95 


10/01/95 


04C 


.0007 - 


.0008 


10:07 NCR 579 


10/01/95 


10/01/95 




.0010 




10:07 NCR 579 


10/01/95 


10/01/95 


04D 


.0002 - 


.0003 


10:07 NCR 579 


10/01/95 


10/01/95 


07 






10:18 NCR 2317 






07B 


.0101 




10:09 NCR 751 


12/01/95 x 


\ 




.0201 




10:09 NCR 751 


12/01/95 x 


\ 



Temporary Amendmert Eff. 1Q/96 
Rule-Making Proceeding 
Temporary Amendmert Eff. 1/2/96 



Notice on Subject Matter 
Rule-Making Agenda 



Rule-Making Agenda 



2662 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



> 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0202 • 


.0203 




.0204 






.0205 






.0206 - 


.0207 




.0208 - 


.0209 




.0210 - 


.0213 




.0214 






.0215 






.0216 






.0401 - 


.0402 




.0403 - 


.0406 




.0501 






.0502 - 


.0507 


07H 


.0106 
.0208 
.0208 
.0305 
.0308 
.0308 






.0309 - 


.0310 




.1705 






.2201 - 


.2202 




.2203 






.2204 - 


.2205 




.2301 - 


.2305 


07K 


.0103 




07L 






07M 


.0300 
.0300 
.0400 




10B 


.0115 






.0115 - 


.0116 




.0201 - 


.0203 




.0202 - 


.0203 




.0202 






.0208 - 


.0209 




.0214 






.0214 






.0220 






.0302 - 


.0303 


IOC 


.0205 






.0301 - 


.0302 




.0305 






0401 






.0404 






.0404 






.0407 






.0407 




10D 


.0002 - 


.0003 




.0002 - 


.0004 




.0003 






.0003 




10F 


.0100 
.0313 
.0317 






.0323 - 


.0324 




.0339 






.0339 






.0360 




10K 


0003 





Wildlife Proclamation/Striped Bass 



11 



10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


75! 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:09 NCR 


751 


10:16 NCR 1921 


10:03 NCR 


197 


10:15 NCR 1552 


10:15 NCR 1552 


10:09 NCR 


751 


10:15 NCR 1921 


10:09 NCR 


75] 


10:09 NCR 


751 


10:03 NCR 


204 


10:03 NCR 


204 


10:03 NCR 


204 


10:15 NCR 1552 


10:09 NCR 


751 


10:16 NCR 1921 


10:16 NCR 1921 


10:19 NCR 


2480 


10:16 NCR 1921 


10:06 NCR 


VIS 


10:16 NCR 


1922 


10:16 NCR 1923 


10:01 NCR 


2b 


10:04 NCR 


249 


10:16 NCR 1923 


10:01 NCR 


2b 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 1923 


10:16 NCR 


1923 


10:06 NCR 


338 


10:16 NCR 1923 


10:06 NCR 


338 


10:16 NCR 1923 


10:01 NCR 


26 


10:16 NCR 1923 


10:04 NCR 


250 


10:06 NCR 


338 


10:19 NCR 


2506 


10:06 NCR 


338 


10:01 NCR 


26 


10:11 NCR 


904 


10:13 NCR 1159 


10:15 NCR 1565 


10:13 NCR 1159 


10:13 NCR 1159 


10:02 NCR 


57 


10:03 NCR 


195 


10:18 NCR 


2317 



12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
04/01/96 
12/01/95 
03/01/96 
03/01/96 
12/01/95 
03/01/96 
02/01/96 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
03/01/96 
12/01/95 
04/01/96 
04/01/96 

02/01/97 
10/01/95 
07/01/96 
07/01/96 
07/01/95 
08/01/95 
07/01/96 
07/01/95 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
07/01/96 
12/01/95 
07/01/96 
12/01/95 
07/01/96 
07/01/95 
07/01/96 
08/01/95 
09/01/95 

10/01/95 
07/01/95 
12/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
04/10/95 
04/15/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



Notice on Subject Matter 



Notice of Subject Matter 
Notice of Subject Matter 
Change in Location of Hearings 
Notice of Subject Matter 



11/01/95 



07/01/95 
09/01/95 

07/01/95 



12/01/95 
12/01/95 
07/01/95 
09/01/95 



10/01/95 
07/01/95 
12/01/95 



Rule-Making Proceeding 



Rule-Making Agenda 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2663 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0349 




10:16 NCR 1958 


05/01/96 


12 






10:18 NCR 2317 




13 






10:18 NCR 2317 




13A 


.0006 




10:13 NCR 1160 


01/01/96 




.0019 




10:13 NCR 1160 


01/01/96 


13B 


.0101 




10:06 NCR 350 


10/01/95 




.0103 




10:06 NCR 350 


10/01/95 




.0503 




10:06 NCR 350 


10/01/95 




.0802 - 


.0829 


10:06 NCR 350 


10/01/95 




.0901 - 


.0905 


10:16 NCR 1959 


04/01/96 




.1401 - 


.1409 


10:16 NCR 1959 


04/01/96 




.1627 




10:06 NCR 350 


10/01/95 


[6 






10:18 NCR 2317 




16A 


.1001 - 


1005 


10:07 NCR 582 


01/01/96 




.1006 




10:07 NCR 582 


01/01/96 


18 






10:18 NCR 2317 




18A 


.1720 




10:16 NCR 1977 


04/01/96 




.1722- 


.1723 


10:16 NCR 1977 


04/01/96 




.1725 - 


.1727 


10:16 NCR 1977 


04/01/96 




.1801 - 


.1814 


10:13 NCR 1160 


01/01/96 




.1818 




10:13 NCR 1160 


01/01/96 




.2508 




10:06 NCR 350 


01/01/96 




.2509 




10:06 NCR 350 


01/01/96 




.2510 - 


.2511 


10:06 NCR 350 


01/01/96 




.2516- 


.2519 


10:06 NCR 350 


01/01/96 




.2521 - 


.2524 


10:06 NCR 350 


01/01/96 




.2526 




10:06 NCR 350 


01/01/96 




.2528 - 


.2535 


10:06 NCR 350 


01/01/96 




.2537 




10:06 NCR 350 


01/01/96 




.2540- 


.2542 


10:06 NCR 350 


01/01/96 




.2543 




10:06 NCR 350 


01/01/96 




.2601 - 


.2602 


10:13 NCR 1160 


01/01/96 




.2618 




10:13 NCR 1160 


01/01/96 




.2624 




10:13 NCR 1160 


01/01/96 




.2632 




10:13 NCR 1160 


01/01/96 




.2635 - 


.2636 


10:13 NCR 1160 


01/01/96 




.2702 




10:16 NCR 1977 


04/01/96 




.3101 - 


.3106 


10:16 NCR 1977 


04/01/96 


19 






10:18 NCR 2317 




19A 


.0401 




10:06 NCR 350 


10/01/95 




.0406 




10:06 NCR 350 


10/01/95 




.0502 




10:06 NCR 350 


10/01/95 


19C 


.0206 




10:05 NCR 305 


10/01/95 




.0601 - 


.0603 


10:16 NCR 1977 


04/01/96 




.0605 - 


.0609 


10:16 NCR 1977 


04/01/96 




.0611 




10:16 NCR 1977 


04/01/96 


19H 


.0702 




10:07 NCR 582 


10/01/95 


20 






10:18 NCR 2317 




20D 


.0233 - 


.0234 


10:13 NCR 1160 


01/01/96 




.0236 




10:13 NCR 1160 


01/01/96 




.0241 - 


.0243 


10:13 NCR 1160 


01/01/96 




.0247 - 


.0252 


10:13 NCR 1160 


01/01/96 


21 






10:18 NCR 2317 




21F 


.0801 - 


.0802 


10:13 NCR 1160 


01/01/96 




.0804 




10:13 NCR 1160 


01/01/96 




.1101 - 


.1103 


10:13 NCR 1160 


01/01/96 




.1105 




10:13 NCR 1160 


01/01/96 


23 






10:18 NCR 2317 




24 






10:18 NCR 2317 




24A 


.0102 




10:13 NCR 1160 


01/01/96 




.0202 - 


.0203 


10:13 NCR 1160 


01/01/96 




.0204 




10:13 NCR 1160 


01/01/96 




.0301 




10:13 NCR 1160 


01/01/95 



Rule-Making Agenda 
Rule-Making Agenda 



01/01/96 
01/01/96 
10/01/95 
10/01/95 
10/01/95 
10/01/95 



N/A 
01/01/96 



01/01/96 
01/01/96 
01/01/96 

01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

N/A 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



10/01/95 
10/01/95 
10/01/95 



N/A 

01/01/96 
01/01/96 
01/01/96 
01/01/96 



01/01/96 
01/01/96 



01/01/96 
01/01/96 



01/01/96 



Agency Did Not Adopt 
Rule-Making Agenda 



Rule-Making Agenda 



RRC Obj/Rule Withdrawn 



Agency Did Not Adopt 



Rule-Making Agenda 



Withdrawn by Agency 
Rule-Making Agenda 



Rule-Making Agenda 



Rule-Making Agenda 
Rule-Making Agenda 



2664 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



Agency /Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 






.0404 




10:06 NCR 350 


10/01/95 


25 






10:18 NCR 2317 






.0213 




10:16 NCR 1996 


04/01/96 


FINAL DECISION LETTERS 






Voting Rights Act 






10:01 NCR 02 
10:03 NCR 194 
10:05 NCR 298 
10:10 NCR 825 
10:11 NCR 889 
10:13 NCR 1084 
10:15 NCR 1429 
10:17 NCR 2227 
10:19 NCR 2478 




GENERAL CONTRACTORS LICENSING BOARD 




21 NCAC 12 


.0302 




10:11 NCR 906 


12/01/95 




.0410 




10:11 NCR 906 


12/01/95 


GENERAL STATUTES 








Chapter 150B 






10:13 NCR 1062 




GOVERNOR'S EXECUTIVE ORDERS 




Number 72 






10:01 NCR 01 




Number 73 






10:02 NCR 54 




Number 74 






10:02 NCR 54 




Number 75 






10:03 NCR 191 




Number 76 






10:03 NCR 191 




Number 77 






10:05 NCR 297 




Number 78 






10:06 NCR 336 




Number 79 






10:07 NCR 427 




Number 80 






10:07 NCR 427 




Number 81 






10:08 NCR 639 




Number 82 






10:10 NCR 823 




Number 83 






10:10 NCR 823 




Number 84 






10:12 NCR 981 




Number 85 






10:13 NCR 1061 




Number 86 






10:13 NCR 1061 




Number 87 






10:17 NCR 2222 




Number 88 






10:17 NCR 2222 




Number 89 






10:17 NCR 2222 




Number 90 






10:20 NCR 2587 




Number 91 






10:20 NCR 2587 




Number 92 






10:20 NCR 2587 




HEARING AID DEALERS AND FITTERS BOARD 




21 NCAC 22A 


.0203 




10 


16 NCR 2053 


02/01/96 




.0309 




10 


16 NCR 2053 


02/01/96 


22F 


.0003 - 


.0004 


10 


16 NCR 2053 


02/01/96 




.0007 - 


.0008 


10 


16 NCR 2053 


02/01/96 




.0013 - 


.0014 


10 


16 NCR 2053 


02/01/96 




.0016 




10 


16 NCR 2053 


02/01/96 




.0018 




10 


16 NCR 2053 


02/01/96 




.0020 - 


.0021 


10 


16 NCR 2053 


02/01/96 


221 


.0008 - 


.0009 


10 


16 NCR 2053 


02/01/96 


22K 


.0004- 


.0005 


10 


16 NCR 2053 


02/01/96 


22L 


.0001 




10 


16 NCR 2053 


02/01/96 




.0005 - 


.0006 


10 


16 NCR 2053 


02/01/96 




.0009 - 


.0011 


10 


16 NCR 2053 


02/01/96 




.0013 - 


.0015 


10 


16 NCR 2053 


02/01/96 



10/01/95 



Rule-Making Agenda 



12/01/95 
12/01/95 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 
07/27/95 
08/03/95 
08/24/95 
09/12/95 
09/12/95 
10/27/95 
10/27/95 
10/31/95 
12/05/95 
12/13/95 
12/13/95 



HUMAN RESOURCES 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2665 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



10 


NCAC 03 




10:18 NCR 2399 






03C .5301 




10:14 NCR 1232 


03/01/96 




.5401 - 


.5414 


10:14 NCR 


1232 


03/01/96 




03D .0808 




10:14 NCR 1238 


02/01/96 




.1301 - 


.1302 


10:14 NCR 1238 


02/01/96 




.1401 




10:08 NCR 


f-41 


11/01/95 




.1401 - 


.1403 


10:14 NCR 1238 


02/01/96 




.1501 - 


.1503 


10:14 NCR 1238 


02/01/96 




03H .0108 - 


.0109 


10:02 NCR 


58 


09/01/95 




.0206 - 


.0220 


10:02 NCR 


58 


09/01/95 




.0306 - 


.0318 


10:02 NCR 


58 


09/01/95 




.0407 - 


.0409 


10:02 NCR 


58 


09/01/95 




.0505 - 


.0507 


10:02 NCR 


58 


09/01/95 




.0510 - 


.0517 


10:02 NCR 


58 


09/01/95 




.0605 - 


.0609 


10:02 NCR 


58 


09/01/95 




.0705 - 


.0712 


10:02 NCR 


58 


09/01/95 




.0810- 


.0812 


10:02 NCR 


58 


09/01/95 




.0903 - 


.0911 


10:02 NCR 


58 


09/01/95 




.1003 - 


.1008 


10:02 NCR 


58 


09/01/95 




.1105 - 


.1109 


10:02 NCR 


58 


09/01/95 




.1130 - 


.1136 


10:02 NCR 


58 


09/01/95 




.1150 - 


.1163 


10:02 NCR 


58 


09/01/95 




.1204- 


.1208 


10:02 NCR 


58 


09/01/95 




.1210 




10:02 NCR 


58 


09/01/95 




.1306- 


.1308 


10:02 NCR 


58 


09/01/95 




.1405 - 


.1406 


10:02 NCR 


58 


09/01/95 




.1408 - 


.1410 


10:02 NCR 


58 


09/01/95 




.1501 - 


.1503 


10:02 NCR 


58 


09/01/95 




.1612 - 


.1613 


10:02 NCR 


58 


09/01/95 




.1703 - 


.1704 


10:02 NCR 


58 


09/01/95 




.1804- 


.1807 


10:02 NCR 


58 


09/01/95 




.2001 




10:02 NCR 


58 


09/01/95 




.2101 - 


.2110 


10:02 NCR 


58 


09/01/95 




.2201 - 


.2203 


10:02 NCR 


58 


09/01/95 




.2204 - 


.2206 


10:02 NCR 


58 


09/01/95 




.2207 - 


-, -i | n 


10:02 NCR 


58 


09/01/95 




.2301 - 


.2302 


10:02 NCR 


58 


09/01/95 




.2303 - 


.2308 


10:02 NCR 


58 


09/01/95 




.2401 - 


.2402 


10:02 NCR 


58 


09/01/95 




.2501 - 


.2506 


10:02 NCR 


58 


09/01/95 




.2601 - 


.2607 


10:02 NCR 


58 


09/01/95 




.2701 




10:02 NCR 


58 


09/01/95 




.2801 - 


.2802 


10:02 NCR 


58 


09/01/95 




.2901 - 


.2902 


10:02 NCR 


58 


09/01/95 




.3001 - 


.3005 


10:02 NCR 


58 


09/01/95 




.3011 - 


.3016 


10:02 NCR 


58 


09/01/95 




.3021 - 


.3032 


10:02 NCR 


58 


09/01/95 




.3101 - 


.3103 


10:02 NCR 


58 


09/01/95 




.3104 




10:02 NCR 


58 


09/01/95 




.3201 - 


.3202 


10:02 NCR 


58 


09/01/95 




.3301 - 


.3302 


10:02 NCR 


58 


09/01/95 




.3401 - 


.3404 


10:02 NCR 


58 


09/01/95 




03L .0901 




10:08 NCR 


641 


02/01/96 




.0902 - 


.0907 


10:08 NCR 


641 


02/01/96 




.1001 - 


.1003 


10:08 NCR 


641 


02/01/96 




.1004 




10:08 NCR 


641 


02/01/96 




.1005 - 


.1007 


10:08 NCR 


641 


02/01/96 




.1101 




10:08 NCR 


641 


02/01/96 




.1102 - 


.1103 


10:08 NCR 


641 


02/01/96 




.1104 




10:08 NCR 


641 


02/01/96 




.1105 - 


.1106 


10:08 NCR 


641 


02/01/96 




.1107 




10:08 NCR 


641 


02/01/96 




.1108 - 


.1110 


10:08 NCR 


641 


02/01/96 



Rule-Making Proceeding 



11/01/95 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

02/01/96 
02/01/96 

02/02/96 
02/01/96 

02/01/96 

02/01/96 



2666 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



Agency /Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



03 M 



03 R 



1111 - 


.1112 


10:08 NCR 


641 


02/01/96 


.1201 




10 08 NCR 


641 


02/01/96 


.1202 




10:08 NCR 


641 


02/01/96 


1301 - 


.1303 


10:08 NCR 


641 


02/01/96 


.1401 




10:08 NCR 


641 


02/01/96 


.1402 




10 08 NCR 


641 


02/01/96 


0202 


0205 


10:08 NCR 


641 


11/01/95 


.0207 




10:08 NCR 


641 


11/01/95 


0109 - 


0111 


10:14 NCR 


1243 


01/01/96 


.0213 • 


.0215 


10:14 NCR 


1243 


01/01/96 


.0303 - 


0305 


10:14 NCR 


1243 


01/01/96 


.0317 




10:14 NCR 


1243 


01/01/96 


0904 




10:14 NCR 


1243 


01/01/96 


1003 




10:14 NCR 


1243 


01/01/96 


1113 




10:14 NCR 


1243 


01/01/96 


1115 


.1120 


10:14 NCR 


1243 


01/01/95 


.1124 


1127 


10:14 NCR 


1243 


01/01/96 


.1214 




10:14 NCR 


1243 


01/01/96 


.1216 




10:14 NCR 


1243 


01/01/96 


1218 - 


1219 


10:14 NCR 


1243 


01/01/96 


.1302 




10:14 NCR 


1243 


01/01/96 


.1304 • 


1309 


10:14 NCR 


1243 


01/01/96 


.1413 - 


.1414 


10:14 NCR 


1243 


01/01/96 


.1418 - 


.1419 


10:14 NCR 


1243 


01/01/96 


.1613 - 


.1615 


10:14 NCR 


1243 


01/01/96 


.1618 • 


.1619 


10:14 NCR 


1243 


01/01/96 


.1713 - 


.1714 


10:14 NCR 


1243 


01/01/96 


.1719 - 


.1720 


10:14 NCR 


1243 


01/01/96 


.1912 - 


.1914 


10:14 NCR 


1243 


01/01/96 


.1916 - 


.1918 


10:14 NCR 


1243 


01/01/96 


.2002 




10:14 NCR 


1243 


01/01/96 


.2004 


.2011 


10:14 NCR 


1243 


01/01/96 


.2117 




10:14 NCR 


1243 


01/01/96 


.2120 




10:14 NCR 


1243 


01/01/96 


.2319 - 


.2320 


10:14 NCR 


1243 


01/01/96 


.2402 




10:14 NCR 


1243 


01/01/96 


.2404 - 


.2412 


10:14 NCR 


1243 


01/01/96 


.2502 - 


.2512 


10:14 NCR 


1243 


01/01/96 


.2603 




10:14 NCR 


1243 


01/01/96 


.2605 




10:14 NCR 


1243 


01/01/96 


.2607 - 


.2610 


10:14 NCR 


1243 


01/01/96 


.2612 - 


.2613 


10:14 NCR 


1243 


01/01/96 


.2718 - 


.2719 


10:14 NCR 


1243 


01/01/96 


.2802 - 


.2807 


10:14 NCR 


1243 


01/01/96 


.2809 - 


.2810 


10:14 NCR 


1243 


01/01/96 


.3103 




10:14 NCR 


1243 


01/01/96 


.3107 - 


.3108 


10:14 NCR 


1243 


01/01/96 


.3204 




10:14 NCR 


1243 


01/01/96 


.3206 - 


.3207 


10:14 NCR 


1243 


01/01/96 


.3306 




10:14 NCR 


1243 


01/01/96 


.3401 




10:14 NCR 


1243 


01/01/96 


.3406 - 


.3407 


10:14 NCR 1243 


01/01/96 


.3502 - 


.3503 


10:14 NCR 


1243 


01/01/96 


.3506 - 


.3507 


10:14 NCR 


1243 


01/01/96 


.3606 - 


.3507 


10:14 NCR 


1243 


01/01/96 


.3706 - 


.3707 


10:14 NCR 


1243 


01/01/96 


.3806 - 


.3807 


10:14 NCR 


1243 


01/01/96 


.3902 - 


.3904 


10:14 NCR 


1243 


01/01/96 


.3907 - 


.3909 


10:14 NCR 


1243 


01/01/96 


.4002 


-.4008 


10:14 NCR 1243 


01/01/96 


.4010- 


.4012 


10:14 NCR 1243 


01/01/96 


.4102 - 


.4107 


10:14 NCR 


1243 


01/01/96 


.4202 




10:14 NCR 


1243 


01/01/96 



02/01/96 
02/01/96 



02/01/96 
02/01/96 



11/01/95 
11/01/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2667 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



.4204 




10:14 NCR 1243 


01/01/96 


.4206 - 


.4207 


10:14 NCR 1243 


01/01/96 


.7001 - 


.7008 


10:14 NCR 1291 


01/01/96 


03T .0102 




10:14 NCR 1297 


02/01/96 


.0201 - 


.0210 


10:14 NCR 1297 


02/01/96 


.0301 - 


.0303 


10:14 NCR 1297 


02/01/96 


.0401 - 


.0403 


10:14 NCR 1297 


02/01/96 


.0501 - 


.0505 


10:14 NCR 


1297 


02/01/96 


.0601 - 


.0605 


10:14 NCR 


1297 


02/01/96 


.0701 - 


.0703 


10:14 NCR 1297 


02/01/96 


.0801 - 


.0803 


10:14 NCR 1297 


02/01/96 


.0901 - 


.0902 


10:14 NCR 


1297 


02/01/96 


.1001 - 


.1002 


10:14 NCR 1297 


02/01/96 


.1102 




10:14 NCR 1297 


02/01/96 


.1113 




10:14 NCR 1297 


02/01/96 


.1116 




10:14 NCR 1297 


02/01/96 


.1202 




10:14 NCR 1297 


02/01/96 


.1204 




10:14 NCR 1297 


02/01/96 


.1212 




10:14 NCR 1297 


02/01/96 


03U .0102 




10:20 NCR 


2593 




.0704 




10:19 NCR 


2506 




.0708 




10:19 NCR 


2506 




.2701 - 


.2704 


10:20 NCR 


2593 




14B .0501 - 


.0503 


10:07 NCR 


430 


05/01/96 


.0505 - 


.0509 


10:07 NCR 


430 


05/01/96 


14C .1001 - 


.1006 


10:15 NCR 1435 


02/01/96 


.1008 




10:15 NCR 1435 


02/01/96 


.1010- 


.1018 


10:15 NCR 1435 


02/01/96 


.1101 - 


.1105 


10:15 NCR 1435 


02/01/96 


.1107 




10:15 NCR 1435 


02/01/96 


.1110 - 


.1111 


10:15 NCR 1435 


02/01/96 


.1114- 


.1121 


10:15 NCR 1435 


02/01/96 


.1123 




10:15 NCR 1435 


02/01/96 


.1125 - 


.1131 


10:15 NCR 1435 


02/01/96 


.1133 - 


.1160 


10:15 NCR 1435 


02/01/96 


14D .0006 




10:15 NCR 1435 


02/01/96 


14K .0101 - 


.0103 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0219 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0310 


10:07 NCR 


430 


05/01/96 


.0312- 


.0315 


10:07 NCR 


430 


05/01/96 


.0317 - 


.0324 


10:07 NCR 


430 


05/01/96 


.0326 - 


.0329 


10:07 NCR 


430 


05/01/96 


.0333 - 


.0348 


10:07 NCR 


430 


05/01/96 


.0350 - 


.0365 


10:07 NCR 


430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 


430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 


430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 


430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 


430 


05/01/96 


.0310 




10:07 NCR 


430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 


430 


05/01/96 


.0609 




10:07 NCR 


430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 


430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 


430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 


430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 


430 


05/01/96 


.0604 




10:07 NCR 


430 


05/01/96 


.0606 




10:07 NCR 


430 


05/01/96 


.0608 - 


.0612 


10:07 NCR 


430 


05/01/96 


.0614- 


.0615 


10:07 NCR 


430 


05/01/96 


.0617- 


.0621 


10:07 NCR 


430 


05/01/96 



< 



01/01/96 



01/01/96 



Temporary Amendment Eff. 1/1/96 
Rule-Making Proceeding 
Rule-Making Proceeding 
Temporary Adoption Eff. 1/1/96 



2668 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



I 







Proposed 


Fiscal Note 






Agency /Rule Citation 


Proposed in 
Register 


Effective 
Date 


State 


Local 


Effective 
Date 


Other Information 



> 



.0701 - 


.0716 


10:07 NCR 430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 430 


05/01/96 


.0701 




10:07 NCR 430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 430 


05/01/96 


.0617 - 


.0618 


10:07 NCR 430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 430 


05/01/96 


14V 




10:15 NCR 1479 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 430 


05/01/96 


.0101 - 


.0104 


10:13 NCR 1085 


05/01/96 


.0201 - 


.0208 


10:07 NCR 430 


05/01/96 


.0201 - 


.0208 


10:13 NCR 1085 


05/01/96 


.0301 - 


.0304 


10:07 NCR 430 


05/01/96 


.0301 - 


.0304 


10:13 NCR 1085 


05/01/96 


.0401 - 


.0405 


10:07 NCR 430 


05/01/96 


.0401 - 


.0405 


10:13 NCR 1085 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:13 NCR 1085 


05/01/96 


.0601 - 


.0604 


10:07 NCR 430 


05/01/96 


.0601 - 


.0607 


10:13 NCR 1085 


05/01/96 


.0701 - 


.0712 


10:07 NCR 430 


05/01/96 


.0701 - 


.0713 


10:13 NCR 1085 


05/01/96 


.0801 - 


.0805 


10:07 NCR 430 


05/01/96 


.0801 - 


.0805 


10:13 NCR 1085 


05/01/96 


.1101 - 


.1103 


10:07 NCR 430 


05/01/96 


.1101 - 


.1103 


10:13 NCR 1085 


05/01/96 


.1201 - 


.1203 


10:07 NCR 430 


05/01/96 


.1201 - 


.1203 


10:13 NCR 1085 


05/01/96 


.1301 - 


.1303 


10:07 NCR 430 


05/01/96 


.1301 - 


.1304 


10:13 NCR 1085 


05/01/96 


.1401 - 


.1403 


10:07 NCR 430 


05/01/96 


.1401 - 


.1403 


10:13 NCR 1085 


05/01/96 


.1501 - 


.1504 


10:07 NCR 430 


05/01/96 


.1501 - 


.1504 


10:13 NCR 1085 


05/01/96 


.2101 - 


.2104 


10:07 NCR 430 


05/01/96 


.2101 - 


.2104 


10:13 NCR 1085 


05/01/96 


.2201 - 


.2204 


10:07 NCR 430 


05/01/96 


.2201 - 


.2204 


10:13 NCR 1085 


05/01/96 


.2301 - 


.2306 


10:07 NCR 430 


05/01/96 


.2301 - 


.2306 


10:13 NCR 1085 


05/01/96 


.2401 - 


.2404 


10:07 NCR 430 


05/01/96 


.2401 - 


.2404 


10:13 NCR 1085 


05/01/96 


.2501 - 


.2505 


10:07 NCR 430 


05/01/96 


.2501 - 


.2505 


10:13 NCR 1085 


05/01/96 


.3101 - 


.3103 


10:07 NCR 430 


05/01/96 


.3101 - 


.3103 


10:13 NCR 1085 


05/01/96 


.3201 - 


.3203 


10:07 NCR 430 


05/01/96 


.3201 - 


.3203 


10:13 NCR 1085 


05/01/96 


.3301 - 


.3303 


10:07 NCR 430 


05/01/96 


.3301 - 


.3303 


10:13 NCR 1085 


05/01/96 


.3401 - 


.3403 


10:07 NCR 430 


05/01/96 


.3401 - 


.3403 


10:13 NCR 1085 


05/01/96 



Notice on Subject Matter 
Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 

Agency Did Not Adopt 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2669 



CUMULATIVE INDEX 



Agency/Role Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



.3501 - 


.3503 


10:07 NCR 430 


05/01/96 




.3501 - 


.3503 


10:13 NCR 1085 


05/01/96 




.3601 - 


.3604 


10:07 NCR 430 


05/01/96 




.3601 - 


.3604 


10:13 NCR 1085 


05/01/96 




.3701 - 


.3703 


10:07 NCR 430 


05/01/96 




.3701 - 


.3703 


10:13 NCR 1085 


05/01/96 




.3801 - 


.3803 


10:07 NCR 430 


05/01/96 




.3801 - 


.3803 


10:13 NCR 1085 


05/01/96 




.3901 - 


.3903 


10:07 NCR 430 


05/01/96 




.3901 - 


.3903 


10:13 NCR 1085 


05/01/96 




.4001 - 


.4003 


10:07 NCR 430 


05/01/96 




.4001 - 


.4003 


10:13 NCR 1085 


05/01/96 




.4101 - 


.4104 


10:07 NCR 430 


05/01/96 




.4101 - 


.4104 


10:13 NCR 1085 


05/01/96 




.4201 - 


.4203 


10:13 NCR 1085 


05/01/96 




.5001 - 


.5002 


10:07 NCR 430 


05/01/96 




.5001 - 


.5003 


10:13 NCR 1085 


05/01/96 




.5101 - 


.5104 


10:07 NCR 430 


05/01/96 




.5101 - 


.5104 


10:13 NCR 1085 


05/01/96 




.5201 - 


.5204 


10:07 NCR 430 


05/01/96 




.5201 - 


.5204 


10:13 NCR 1085 


05/01/96 




.5301 - 


.5303 


10:07 NCR 430 


05/01/96 




.5301 - 


.5303 


10:13 NCR 1085 


05/01/96 




.5401 - 


.5403 


10:07 NCR 430 


05/01/96 




.5401 - 


.5403 


10:13 NCR 1085 


05/01/96 




.5501 - 


.5503 


10:07 NCR 430 


05/01/96 




.5501 - 


.5503 


10:13 NCR 1085 


05/01/96 




.5601 - 


.5603 


10:07 NCR 430 


05/01/96 




.5601 - 


.5603 


10:13 NCR 1085 


05/01/96 




.5701 - 


.5703 


10:07 NCR 430 


05/01/96 




.5701 - 


.5703 


10:13 NCR 1085 


05/01/96 




.5801 - 


.5804 


10:07 NCR 430 


05/01/96 




.5801 - 


.5804 


10:13 NCR 1085 


05/01/96 




.5901 - 


.5903 


10:07 NCR 430 


05/01/96 




.5901 - 


.5903 


10:13 NCR 1085 


05/01/96 




.6001 - 


.6003 


10:07 NCR 430 


05/01/96 




.6001 - 


.6003 


10:13 NCR 1085 


05/01/96 




.6101 - 


.6103 


10:07 NCR 430 


05/01/96 




.6101 - 


.6103 


10:13 NCR 1085 


05/01/96 




.6201 - 


.6202 


10:07 NCR 430 


05/01/96 




.6201 - 


.6202 


10:13 NCR 1085 


05/01/96 




.6301 - 


.6303 


10:07 NCR 430 


05/01/96 




.6301 - 


.6303 


10:13 NCR 1085 


05/01/96 




.6401 - 


.6403 


10:07 NCR 430 


05/01/96 




.6401 - 


.6403 


10:13 NCR 1085 


05/01/96 




.6501 - 


.6503 


10:07 NCR 430 


05/01/96 




.6501 - 


.6503 


10:13 NCR 1085 


05/01/96 




.6601 - 


.6603 


10:07 NCR 430 


05/01/96 




.6601 - 


.6603 


10:13 NCR 1085 


05/01/96 




.6701 - 


.6702 


10:07 NCR 430 


05/01/96 




.6701 - 


.6702 


10:13 NCR 1085 


05/01/96 




.6801 - 


.6802 


10:07 NCR 430 


05/01/96 




.6801 - 


.6802 


10:13 NCR 1085 


05/01/96 




.6901 - 


.6903 


10:07 NCR 430 


05/01/96 




.6901 - 


.6903 


10:13 NCR 1085 


05/01/96 




15A .0115- 


.0127 


10:13 NCR 1085 


01/01/96 


X 


.0205 - 


.0228 


10:13 NCR 1085 


01/01/96 


X 


18A .0124 - 


.0128 


10:07 NCR 430 


05/01/96 




.0130 




10:07 NCR 430 


05/01/96 




.0132 - 


.0133 


10:07 NCR 430 


05/01/96 




.0135 - 


.0136 


10:07 NCR 430 


05/01/96 




18D .0209 




10:14 NCR 1311 


01/01/96 




18F .0115- 


.0117 


10:14 NCR 1311 


01/01/96 





Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 
Agency Did 



Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 
Not Adopt 



Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 
Agency Did Not Adopt 



01/01/96 
01/01/96 



2670 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



> 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 



181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 


18J .0110 - 


.0119 


10:07 NCR 


430 


05/01/96 


.0212 - 


.0213 


10:07 NCR 


430 


05/01/96 


.0304 - 


.0311 


10:07 NCR 


430 


05/01/96 


.0507 - 


.0511 


10:08 NCR 


656 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0803 




10:02 NCR 


118 


07/01/95 


18K .0109- 


.0116 


10:07 NCR 


430 


05/01/96 


.0262 - 


.0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - 


.0108 


10:07 NCR 


430 


05/01/96 


.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 


.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 


.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 


.0428 - 


.0434 


10:07 NCR 


430 


05/01/96 


.0504 




10:07 NCR 


430 


05/01/96 


.0511 




10:07 NCR 


430 


05/01/96 


.0513 




10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 


.0707 




10:07 NCR 


430 


05/01/96 


.0801 




10:07 NCR 


430 


05/01/96 


.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 


.1105- 


.1107 


10:07 NCR 


430 


05/01/96 


.1201 




10:07 NCR 


430 


05/01/96 


.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 


.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 


18M .0107 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0206- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304 - 


.0307 


10:07 NCR 


430 


05/01/96 


.0406 - 


.0409 


10:07 NCR 


430 


05/01/96 


.0505 - 


.0506 


10:07 NCR 


430 


05/01/96 


.0607 - 


.0608 


10:07 NCR 


430 


05/01/96 


.0701 




10:07 NCR 


430 


05/01/96 


.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 


.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 


.0817- 


.0819 


10:07 NCR 


430 


05/01/96 


.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 


.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 


.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 


.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 


.1302- 


.1305 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1405 - 


.1410 


10:07 NCR 


430 


05/01/96 


18N .0105 - 


.0110 


10:07 NCR 


430 


05/01/96 


.0204 - 


.0212 


10:07 NCR 


430 


05/01/96 


.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 


.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 


.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 


180 .0517- 


.0524 


10:08 NCR 


656 


05/01/96 


18P .0901 - 


.0903 


10:07 NCR 


430 


05/01/96 


.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 


18Q .0284 




10:07 NCR 


430 


05/01/96 


.0286- 


.0287 


10:07 NCR 


430 


05/01/96 


.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 



07/01/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2671 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 




.0538 - 


.0552 


10:07 NCR 430 


05/01/96 






19C 


.0209 




10:16 NCR 1708 


02/01/96 








.0408 - 


.0410 


10:16 NCR 1708 


02/01/96 








.0504 




10:16 NCR 1708 


02/01/96 








.0509 - 


.0512 


10:16 NCR 1708 


02/01/96 








.0602 




10:16 NCR 1708 


02/01/96 








.0604 




10:16 NCR 1708 


02/01/96 








.0702 - 


.0703 


10:16 NCR 1708 


02/01/96 


s 




19G 


.0501 - 


.0502 


10:14 NCR 1312 


01/01/96 


01/01/96 






.0603 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0606 - 


.0612 


10:14 NCR 1312 


01/01/96 


01/01/96 






.0803 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0806 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0817 




10:14 NCR 1312 


01/01/96 


01/01/96 






.0823 




10:14 NCR 1312 


01/01/96 


01/01/96 




20A 


.0102 




10:16 NCR 1716 


02/01/96 






20B 


.0204 - 


.0206 


10:16 NCR 1716 


02/01/96 








.0208 - 


.0210 


10:16 NCR 1716 


02/01/96 








.0218 




10:16 NCR 1716 


02/01/96 








.0222 




10:16 NCR 1716 


02/01/96 








.0224 




10:16 NCR 1716 


02/01/96 








.0226 - 


.0227 


10:16 NCR 1716 


02/01/96 






20C 


.0205 




10:16 NCR 1716 


02/01/96 


X 






.0316 




10:16 NCR 1716 


02/01/96 


X 




26B 


.0105 




10:18 NCR 2398 






Rule-Making Proceeding 




.0110 




10:08 NCR 660 


10/01/95 


10/01/95 






.0112 




10:16 NCR 1721 


02/01/96 








.0113 




10:16 NCR 1721 


02/01/96 








.0124 




10:02 NCR 118 


07/01/95 


x 07/01/95 




26G 


.0703 - 


.0705 


10:12 NCR 982 


12/01/95 


12/01/95 




26H 


.0212- 


.0213 


10:13 NCR 1153 


01/01/96 


x 01/01/96 






.0213 




10:02 NCR 118 


07/01/95 


07/01/95 






.0213 




10:14 NCR 1317 


01/01/96 


x 01/01/96 






.0302 




10:04 NCR 228 


08/01/95 


x 08/01/95 






.0304 - 


.0305 


10:04 NCR 228 


08/01/95 


x 08/01/95 






.0308 - 


.0309 


10:04 NCR 228 


08/01/95 


x 08/01/95 






.0508 




10:12 NCR 982 


12/01/95 


12/01/95 




261 


.0101 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0102 




10:10 NCR 826 


11/01/95 


12/01/95 






.0103 




10:10 NCR 826 


11/01/95 


12/11/95 


Filed over RRC Objection 




.0104 - 


.0107 


10:10 NCR 826 


11/01/95 


12/01/95 




26K 


.0006 




10:15 NCR 1479 


02/01/96 






39D 


.0302 - 


.0303 


10:09 NCR 722 


11/01/95 


11/01/95 






.0304 




10:15 NCR 1483 


02/01/96 


X 




41F 


.0706 




10:03 NCR 196 


08/01/95 


08/01/95 






.0812 




10:03 NCR 196 


08/01/95 


08/01/95 




411 


.0100 




10:17 NCR 2228 






Rule-Making Proceeding 


42B 


.1209 




10:13 NCR 1158 


01/01/96 






42C 


.2010 




10:13 NCR 1158 


01/01/96 






42D 


.1409 




10:13 NCR 1158 


01/01/96 






42H 


.0911 




10:09 NCR 722 


12/01/95 


12/01/95 




42V 


.0201 




10:20 NCR 2597 




12/12/95 


Temporary Amendment Eff. 2/ 1 2/95 




.0802 - 


.0803 


10:20 NCR 2597 




12/12/95 


Temporary Amendment Eff. 2/ 1 2/95 


42W 


.0001 - 


.0002 


10:10 NCR 828 


11/01/95 


11/01/95 




46A 


.0001 
.0005 




10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 






46C 


.0107 




10:16 NCR 1724 


02/01/96 






46D 


.0101 
.0103 




10:16 NCR 1724 
10:16 NCR 1724 


02/01/96 
02/01/96 








.0105 - 


.0107 


10:16 NCR 1724 


02/01/96 








.0202 




10:16 NCR 1724 


02/01/96 






46E 


.0108 - 


.0109 


10:16 NCR 1724 


02/01/96 







( 



2672 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



» 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 







.0111 




10:16 NCR 1724 


02/01/96 




46F 


.0107 - 


.0108 


10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 




46G 


.0110 




10:16 NCR 1724 


02/01/96 






.0113 




10:16 NCR 1724 


02/01/96 






.0214 




10:16 NCR 1724 


02/01/96 




46H 


.0101 




10:16 NCR 1724 


02/01/96 






.0103 - 


.0105 


10:16 NCR 1724 


02/01/96 






.0108 




10:16 NCR 1724 


02/01/96 






.0110 




10:16 NCR 1724 


02/01/96 






.0201 - 


.0203 


10:16 NCR 1724 


02/01/96 






.0206 - 


.0207 


10:16 NCR 1724 


02/01/96 




47B 


.0404- 


.0405 


10:15 NCR 1483 


02/01/96 




49B 


.0102 




10:15 NCR 1483 


02/01/96 




49C 


.0107 




10:16 NCR 1731 


02/01/96 




50B 


.0313 




10:14 NCR 1321 


01/01/96 




50D 


.0101 - 


.0103 


10:15 NCR 1479 


02/01/96 






.0201 




10:15 NCR 1479 


02/01/96 






.0301 - 


.0302 


10:15 NCR 1479 


02/01/96 






.0401 - 


.0402 


10:15 NCR 1479 


02/01/96 






.0501 - 


.0503 


10:15 NCR 1479 


02/01/96 


INSURANCE 










11 


NCAC 04 


.0120 - 


.0124 


10:15 NCR 1489 


02/01/96 






.0421 - 


.0422 


10:15 NCR 1489 


02/01/96 






.0429 - 


.0430 


10:15 NCR 1489 


02/01/96 






.0501 - 


.0509 


10:16 NCR 1732 


01/01/97 




06A 


.0201 




10:16 NCR 1738 


02/01/96 






.0217 




10:16 NCR 1738 


02/01/96 






.0225 - 


.0226 


10:16 NCR 1738 


02/01/96 






.0234- 


.0236 


10:16 NCR 1738 


02/01/96 






.0240 




10:16 NCR 1738 


02/01/96 






.0301 - 


.0302 


10:16 NCR 1738 


02/01/96 






.0304 - 


.0306 


10:16 NCR 1738 


02/01/96 






.0402 




10:16 NCR 1738 


02/01/96 






.0410 




10:16 NCR 1738 


02/01/96 






.0413 




10:16 NCR 1738 


02/01/96 






.0417 




10:16 NCR 1738 


02/01/96 






.0501 




10:16 NCR 1738 


02/01/96 






.0701 - 


.0705 


10:16 NCR 1738 


02/01/96 






.0808 - 


.0810 


10:16 NCR 1738 


02/01/96 






.0812 




10:04 NCR 246 


08/01/95 






.0813 




10:16 NCR 1738 


02/01/96 






.0901 - 


.0904 


10:16 NCR 1738 


02/01/96 




09 


.0101 - 


.0104 


10:15 NCR 1490 


02/01/96 






.0201 - 


.0203 


10:15 NCR 1490 


02/01/96 




10 


.0105 




10:15 NCR 1492 


02/01/96 






.0605 




10:15 NCR 1492 


02/01/96 






.1102 - 


.1103 


10:15 NCR 1492 


02/01/96 






.1110- 


.1111 


10:15 NCR 1492 


02/01/96 






.1603 




10:15 NCR 1492 


02/01/96 




I IB 


.0111 




10:15 NCR 1503 


02/01/96 






.0114 




10:15 NCR 1503 


02/01/96 






.0140- 


.0142 


10:15 NCR 1503 


02/01/96 






.0146 




10:15 NCR 1503 


02/01/96 






.0148 




10:15 NCR 1503 


02/01/96 






.0302- 


.0306 


10:15 NCR 1503 


02/01/96 






.0601 - 


.0602 


10:16 NCR 1751 


02/01/96 






.0604 




10:16 NCR 1751 


02/01/96 






.0607 




10:16 NCR 1751 


02/01/96 






.0610 




10:16 NCR 1751 


02/01/96 






.0612 




10:16 NCR 1751 


02/01/96 






.0616- 


.0617 


10:16 NCR 1751 


02/01/96 



01/01/96 



08/01/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2673 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 




State 


Local 


Date 







11C 


.0112- 


.0113 


10:15 NCR 1503 


02/01/96 






.0118 




10:15 NCR 1503 


02/01/96 






.0132 




10:15 NCR 1503 


02/01/96 






.0313 




10:15 NCR 1503 


02/01/96 






.0504 - 


.0505 


10:15 NCR 1503 


02/01/96 




11D 


.0108 - 


.0109 


10:15 NCR 1503 


02/01/96 






.0302 - 


.0305 


10:15 NCR 1503 


02/01/96 




11F 


.0401 - 


.0405 


10:16 NCR 1756 


02/01/97 




12 


.0307 




10:16 NCR 1764 


02/01/96 






.0326 




10:16 NCR 1764 


02/01/96 






.0415 - 


.0416 


10:16 NCR 1764 


02/01/96 






.0436 




10:16 NCR 1764 


02/01/96 






.0449 




10:16 NCR 1764 


02/01/96 






.0460 




10:16 NCR 1764 


02/01/96 






.0514 




10:16 NCR 1762 


02/01/96 






.0551 




10:18 NCR 2399 








.0552 




10:16 NCR 1764 


02/01/96 






.0562 




10:16 NCR 1764 


02/01/96 






.0822 




10:16 NCR 1764 


02/01/96 






.0824 - 


.0825 


10:16 NCR 1764 


02/01/96 






.0835 




10:16 NCR 1764 


02/01/96 






.0837 




10:16 NCR 1764 


02/01/96 






.0839 




10:16 NCR 1764 


02/01/96 






.0901 




10:16 NCR 1787 


03/01/96 






.0918 - 


.0919 


10:16 NCR 1787 


03/01/96 






.1004 




10:16 NCR 1764 


02/01/96 






.1601 - 


.1604 


10:16 NCR 1764 


02/01/96 






.1701 - 


.1709 


10:16 NCR 1764 


02/01/96 




13 


.0317 




10:15 NCR 1513 


02/01/96 






.0319 




10:15 NCR 1513 


02/01/96 




14 


.0202 




10:15 NCR 1503 


02/01/96 






.0430 - 


.0432 


10:15 NCR 1503 


02/01/96 






.0603 




10:15 NCR 1503 


02/01/96 






.0705 




10:15 NCR 1503 


02/01/96 




16 


.0602 
.0703 




10:15 NCR 1514 
10:18 NCR 2399 


02/01/96 






.0704 




10:11 NCR 900 


12/01/95 




17 


.0003 




10:16 NCR 1787 


02/01/96 






.0006 




10:16 NCR 1764 


02/01/96 




20 


.0101 




10:16 NCR 1787 


03/01/96 






.0201 - 


.0205 


10:16 NCR 1787 


03/01/96 






.0301 - 


.0304 


10:16 NCR 1787 


03/01/96 






.0401 - 


.0410 


10:16 NCR 1787 


03/01/96 






.0501 - 


.0511 


10:16 NCR 1787 


03/01/96 






.0601 - 


.0602 


10:16 NCR 1787 


03/01/96 






.0701 - 


.0703 


10:16 NCR 1787 


06/01/96 




21 


.0101 - 


.0110 


10:16 NCR 1787 


03/01/96 


JUSTICE 












12 NCAC 


04E 


.0104 




10:07 NCR 573 


10/01/95 




07D 


.0201 




10:07 NCR 575 


10/01/95 






.0204 




10:11 NCR 900 


12/01/95 






.0301 




10:07 NCR 575 


10/01/95 






.0401 




10:07 NCR 575 


10/01/95 






.0701 




10:07 NCR 575 


10/01/95 






.0706 




10:07 NCR 575 


10/01/95 






.0801 




10:07 NCR 575 


10/01/95 






.0806 




10:07 NCR 575 


10/01/95 






.0808 




10:16 NCR 1796 


02/01/96 






.0902 




10:07 NCR 575 


10/01/95 






.0904 




10:07 NCR 575 


10/01/95 




09A 


.0204 




10:02 NCR 122 


08/01/95 




09B 


.0113 




10:02 NCR 122 


08/01/95 



( 



Rule-Making Proceeding 



Rule-Making Proceeding 



12/01/95 



10/01/95 
12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 

12/01/95 
12/01/95 
08/01/95 
08/01/95 



2674 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



I 







Proposed in 
Register 


Proposed 

Effective 

Date 


CTSertnl Uafc< 






Agency/Rule Citation 


Fiscal 
State 


Local 


Effective 
Date 


Other Information 




.0201 - .0202 


10:02 NCR 


122 


08/01/95 01/01/96 






.0205 


10:02 NCR 


122 


08/01/95 07/01/97 






.0206 


10:02 NCR 


122 


08/01/95 08/01/95 






.0210 


10:02 NCR 


122 


08/01/95 08/01/95 






.0212 - .0214 


10:02 NCR 


122 


08/01/95 08/01/95 






.0226 - .0228 


10:02 NCR 


122 


08/01/95 08/01/95 






.0232 - .0233 


10:02 NCR 


122 


08/01/95 08/01/95 




09C 


.0401 


10:02 NCR 


122 


08/01/95 08/01/95 






.0601 


10:02 NCR 


122 


08/01/95 08/01/95 




09D 


.0102 


10:02 NCR 


122 


08/01/95 08/01/95 






.0104 - .0106 


10:02 NCR 


122 


08/01/95 08/01/95 




09F 


.0101 - .0107 


10:16 NCR 1797 


05/01/96 




10B 


.0102 - .0103 


10:09 NCR 


723 


01/01/96 01/01/96 






.0105 


10:09 NCR 


723 


01/01/96 01/01/96 






.0204 


10:09 NCR 


723 


01/01/96 01/01/96 






.0301 


10:09 NCR 


723 


01/01/96 01/01/96 






.0304 


10:09 NCR 


723 


01/01/96 01/01/96 






.0307 


10:09 NCR 


723 


01/01/96 01/01/96 






.0401 - .0403 


10:09 NCR 


723 


01/01/96 01/01/96 






.0405 


10:09 NCR 


723 


01/01/96 01/01/96 






.0407 - .0409 


10:09 NCR 


723 


01/01/96 01/01/96 






.0502 - .0503 


10:09 NCR 


723 


01/01/96 01/01/96 






.0505 


10:09 NCR 


723 


01/01/96 01/01/96 






.0601 - .0607 


10:09 NCR 


723 


01/01/96 01/01/96 






.0702 - .0706 


10:09 NCR 


723 


01/01/96 01/01/96 






.0801 - .0803 


10:09 NCR 


723 


01/01/96 01/01/96 






.0901 


10:09 NCR 


723 


01/01/96 01/01/96 






.0903 - .0906 


10:09 NCR 


723 


01/01/96 01/01/96 






.0908 - .0912 


10:09 NCR 


723 


01/01/96 01/01/96 






.1004- .1005 


10:09 NCR 


723 


01/01/96 01/01/96 






.1201 - .1205 


10:09 NCR 


723 


01/01/96 01/01/96 




11 


.0210 


10:05 NCR 


301 


09/01/95 10/01/95 




LABOR 












13 NCAC 




10:01 NCR 


10 


01/01/96 


Notice on Subject Matter 






10:01 NCR 


12 


01/01/96 


Notice on Subject Matter 






10:02 NCR 


149 


10/01/95 


Notice on Subject Matter 






10:02 NCR 


149 


01/01/96 


Notice on Subject Matter 






10:02 NCR 


149 


01/01/96 


Notice on Subject Matter 






10:02 NCR 


149 


02/01/96 


Notice on Subject Matter 






10:03 NCR 


196 


01/01/96 


Notice on Subject Matter 






10:03 NCR 


197 


01/01/96 


Notice on Subject Matter 


06 




10:16 NCR 1799 


04/01/96 


Notice on Subject Matter 


07F 


.0101 


10:16 NCR 1800 


04/01/96 






.0201 


10:16 NCR 1823 


02/01/96 




12 


.0101 


10:02 NCR 


142 


08/01/95 






.0303 - .0315 


10:02 NCR 


142 


08/01/95 






.0501 - .0502 


10:02 NCR 


142 


08/01/95 






.0803 - .0808 


10:02 NCR 


142 


08/01/95 




15 




10:16 NCR 1827 


04/01/96 


Notice on Subject Matter 


18 


.0101 - .0110 


10:14 NCR 1323 


01/01/96 01/01/96 




LANDSCAPE ARCHITECTS 










21 NCAC 26 


.0307 


10:15 NCR 1583 


02/01/96 




LIST OF RULES CODIFIED 














10:02 NCR 


167 




Rules Filed 03/95 






10:04 NCR 


272 




Rules Filed 04/95 






10:06 NCR 


392 




Rules Filed 05/95 






10:09 NCR 


783 




Rules Filed 06/95 






10:10 NCR 


845 




Rules Filed 07/95 






10:12 NCR 1017 




Rules Filed 08/95 






10:15 NCR 1585 




Rules Filed 09/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2675 



CUMULATIVE INDEX 



Agency/Rule Citatioa 



Proposed in 
Register 



Proposed 

Effective 
Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



MARRIAGE AND FAMILY THERAPY LICENSURE BOARD 



21 NCAC 31 


.0102 




10:16 NCR 2062 


03/01/96 




.0104 




10:16 NCR 2062 


03/01/96 




.0201 - 


.0203 


10:16 NCR 2062 


03/01/96 




.0301 - 


.0304 


10:16 NCR 2062 


03/01/96 




.0401 - 


.0404 


10:16 NCR 2062 


03/01/96 




.0501 - 


.0506 


10:16 NCR 2062 


03/01/96 




.0601 - 


.0609 


10:16 NCR 2062 


03/01/96 




.0701 




10:16 NCR 2062 


03/01/96 




.0801 




10:16 NCR 2062 


03/01/96 




.0901 




10:16 NCR 2062 


03/01/96 


MEDICAL EXAMINERS 








21 NCAC 32B 


.0901 - 


.0902 


10:10 NCR 


831 


11/01/95 


32F 


.0003 




10:10 NCR 


831 


11/01/95 


32H 






10:18 NCR 2400 






.0102 




10:02 NCR 


151 


07/01/96 




.0201 




10:02 NCR 


151 


07/01/96 




.0203 




10:02 NCR 


151 


07/01/96 




.0408 




10:02 NCR 


151 


07/01/96 




.0506 




10:02 NCR 


151 


07/01/96 




.0601 




10:02 NCR 


151 


07/01/95 




.0602 




10:02 NCR 


151 


07/01/96 




.0801 




10:02 NCR 


151 


07/01/96 




.1001 




10:02 NCR 


151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 


151 


07/01/95 


32M 


.0001 




10:10 NCR 


831 


11/01/95 




.0002- 


.0004 


10:10 NCR 


831 


11/01/95 




.0005 - 


.0006 


10:10 NCR 


831 


11/01/95 




.0007 - 


.0012 


10:10 NCR 


831 


11/01/95 


MORTUARY SCIENCE 










21 NCAC 34B 


.0401 




10:13 NCR 1182 


01/01/96 


34D 


.0202 




10:13 NCR 1182 


01/01/96 




.0301 




10:13 NCR 1182 


01/01/96 


NURSING, BOARD OF 










21 NCAC 36 


.0109 




10:11 NCR 


908 


01/01/96 




.0202 - 


.0203 


10:11 NCR 


908 


01/01/96 




.0209 




10:11 NCR 


908 


01/01/96 




.0211 




10:11 NCR 


908 


01/01/96 




.0216 - 


.0219 


10:11 NCR 


908 


01/01/96 




.0221 




10:11 NCR 


908 


01/01/96 




.0225 




10:11 NCR 


908 


01/01/96 




.0227 




10:11 NCR 


908 


01/01/96 




.0228 




10:16 NCR 


2068 


02/01/96 




.0318 




10:11 NCR 


908 


01/01/96 




.0320 




10:11 NCR 


908 


01/01/96 




.0322 




10:11 NCR 


908 


01/01/96 




.0401 - 


.0405 


10:10 NCR 


839 


12/01/95 


NURSING HOME ADMINISTRATORS 






21 NCAC 37 


.0101 




10:04 NCR 


262 


08/01/95 




.0302 




10:03 NCR 


:o6 


08/01/95 




.0404 




10:03 NCR 


206 


08/01/95 




.0502 




10:03 NCR 


206 


08/01/95 




.0603 




10:03 NCR 


206 


08/01/95 




.0904 




10:04 NCR 


262 


08/01/95 




.0912 




10:03 NCR 


206 


08/01/95 




.0914 




10:03 NCR 


206 


08/01/95 


37A 


.0101 




10:16 NCR 2069 


04/01/96 




.0108 




10:16 NCR 2069 


04/01/96 




.0110 




10:16 NCR 2069 


04/01/96 



12/01/95 
12/01/95 

07/01/96 
07/01/96 

07/01/96 
07/01/96 
09/01/95 
07/01/96 
07/01/96 
07/01/96 
09/01/95 
01/01/96 
01/01/96 
01/01/96 
01/01/96 



01/01/96 
01/01/96 



01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 
01/01/96 

01/01/96 
01/01/96 
01/01/96 
12/01/95 



08/01/95 

N/A 

N/A 
08/01/95 
08/01/95 

N/A 
08/01/95 

N/A 



Rule-Making Proceeding 



Agency withdrew Rule 
Agency withdrew Rule 



Agency withdrew Rule 
Agency withdrew Rule 



2676 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



I 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





0208 




10:16 NCR 2069 


04/01/96 




0211 




10:16 NCR 2069 


04/01/96 




0306 




10:16 NCR 2069 


04/01/96 




0308 




10:16 NCR 2069 


04/01/96 




0506 




10:16 NCR 2069 


04/01/96 




0603 - 


.0604 


10:16 NCR 2069 


04/01/96 




0702 - 


.0707 


10:16 NCR 2069 


04/01/96 




0805 




10:16 NCR 2069 


04/01/96 




0901 




10:16 NCR 2069 


04/01/96 




0905 




10:16 NCR 2069 


04/01/96 




0907 




10:16 NCR 2069 


04/01/96 




1203 




10:16 NCR 2069 


04/01/96 


37B 


0101 - 


.0103 


10:16 NCR 2069 


04/01/96 




0201 




10:16 NCR 2069 


04/01/96 




0203 




10:16 NCR 2069 


04/01/96 




0205 




10:16 NCR 2069 


04/01/96 


37C 


0101 - 


.0103 


10:16 NCR 2069 


04/01/96 


37D 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




0201 - 


.0203 


10:16 NCR 2069 


04/01/96 




0301 - 


.0303 


10:16 NCR 2069 


04/01/96 




0402- 


.0406 


10:16 NCR 2069 


04/01/96 




0408 - 


.0412 


10:16 NCR 2069 


04/01/96 




0501 - 


.0503 


10:16 NCR 2069 


04/01/96 




0601 - 


.0603 


10:16 NCR 2069 


04/01/96 




0605 




10:16 NCR 2069 


04/01/96 




0701 - 


.0703 


10:16 NCR 2069 


04/01/96 


37E 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37F 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 


37G 


0101 - 


.0102 


10:16 NCR 2069 


04/01/96 




0201 - 


.0202 


10:16 NCR 2069 


04/01/96 




0301 




10:16 NCR 2069 


04/01/96 




0401 




10:16 NCR 2069 


04/01/96 


37H 


0101 - 


.0104 


10:16 NCR 2069 


04/01/96 


371 


0101 




10:16 NCR 2069 


04/01/96 


OPTICIANS 










21 NCAC 40 


0314 




10:16 NCR 2081 


02/01/96 


PASTORAL COUNSELORS, FEE-BASED PRACTICING 




21 NCAC 45 


0101 




10:16 NCR 2082 


03/01/96 




0201 - 


.0203 


10:16 NCR 2082 


03/01/96 




0301 - 


.0303 


10:16 NCR 2082 


03/01/96 




0401 - 


.0402 


10:16 NCR 2082 


03/01/96 




0501 




10:16 NCR 2082 


03/01/96 




0601 




10:16 NCR 2082 


03/01/96 




0701 




10:16 NCR 2082 


03/01/96 




0801 - 


.0802 


10:16 NCR 2082 


03/01/96 




0901 




10:16 NCR 2082 


03/01/96 




1001 




10:16 NCR 2082 


03/01/96 


PHARMACY, BOARD OF 






21 NCAC 46 


1204 




10:16 NCR 2085 


05/01/96 




1317 




10:16 NCR 2085 


05/01/96 




1401 - 


.1404 


10:16 NCR 2085 


05/01/96 




1406 




10:16 NCR 2085 


05/01/96 




1408 




10:16 NCR 2085 


05/01/96 




1410 - 


.1417 


10:16 NCR 2085 


05/01/96 




1505 




10:16 NCR 2085 


05/01/96 




1601 - 


.1604 


10:16 NCR 2085 


05/01/96 




1607 




10:16 NCR 2085 


05/01/96 




1701 - 


.1705 


10:16 NCR 2085 


05/01/96 




1810- 


.1811 


10:16 NCR 2085 


05/01/96 




1910 




10:16 NCR 2085 


05/01/96 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2677 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 











.2104 




10:16 NCR 2085 


05/01/96 






.2403 




10:16 NCR 2085 


05/01/96 






.2502 




10:16 NCR 2085 


05/01/96 






.2504 




10:16 NCR 2085 


05/01/96 






.2506 




10:16 NCR 2085 


05/01/96 






.2602 




10:16 NCR 2085 


05/01/96 






.2609 




10:16 NCR 2085 


05/01/96 






.2611 




10:16 NCR 2085 


05/01/96 


PHI 


fSICAL THERAPY EXAMINERS 




21 


NCAC 48A 


.0001 




10:16 NCR 2107 


02/01/96 






.0004 




10:16 NCR 2107 


02/01/96 




48B 


.0002 




10:16 NCR 2107 


02/01/96 




48C 


.0103 




10:08 NCR 671 


10/01/95 




48D 


.0006 




10:08 NCR 671 


10/01/95 






.0008 




10:08 NCR 671 


10/01/95 






.0009- 


.0011 


10:16 NCR 2107 


02/01/96 






.0011 




10:08 NCR 671 


10/01/95 




48E 


.0101 




10:16 NCR 2107 


02/01/96 






.0104 




10:16 NCR 2107 


02/01/96 






.0110 




10:08 NCR 671 


10/01/95 






.0110 




10:16 NCR 2107 


02/01/96 




48F 


.0002 




10:08 NCR 671 


10/01/95 






.0003 




10:16 NCR 2107 


02/01/96 




48G 


.0501 - 


.0516 


10:08 NCR 671 


10/01/95 






.0504 




10:16 NCR 2107 


02/01/96 






.0509 




10:16 NCR 2107 


02/01/96 






.0601 




10:08 NCR 671 


10/01/95 






.0601 




10:16 NCR 2107 


02/01/96 




48H 


.0102 




10:16 NCR 2107 


02/01/96 






.0104 




10:08 NCR 671 


10/01/95 






.0701 - 


.0704 


10:08 NCR 671 


10/01/95 






.0701 




10:16 NCR 2107 


02/01/96 



< 



N/A 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 
10/01/95 

10/01/95 



10/01/95 
10/01/95 



Agency withdrew Rule 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



21 NCAC 


53 


.0204 - .0211 


10:01 NCR 


40 


07/01/95 






.0301 


10:01 NCR 


40 


07/01/95 






.0305 - .0309 


10:01 NCR 


40 


07/01/95 






.0310 


10:01 NCR 


40 


07/01/95 






.0403 - .0405 


10:01 NCR 


40 


07/01/95 






.0601 - .0604 


10:01 NCR 


40 


07/01/95 


PROFESSN 


3NJ 


iL ENGINEERS AND LAND SURVEYORS 




21 NCAC 


56 


.0802 


10:11 NCR 


934 


12/01/95 






.0804 


10:11 NCR 


934 


12/01/95 






.0902 


10:11 NCR 


934 


12/01/95 






.1103 


10:11 NCR 


934 


12/01/95 






.1301 


10:11 NCR 


934 


12/01/95 






.1602 


10:11 NCR 


934 


12/01/95 






.1604 


10:11 NCR 


934 


12/01/95 






.1608 


10:11 NCR 


934 


12/01/95 






.1707 


10:11 NCR 


934 


12/01/95 






.1712 - .1713 


10:11 NCR 


934 


12/01/95 


PSYCHOL( 


)GY 


BOARD 








21 NCAC 


54 


.1604 - .1605 


10:16 NCR 2111 


03/01/96 






.1608 


10:16 NCR 


2111 


03/01/96 






.1610 


10:16 NCR 21 11 


03/01/96 






.1701 


10:11 NCR 


929 


12/01/95 



09/01/95 
N/A 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



Agency Did Not Adopt 



01/01/96 



2678 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



I 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



.1703 - 


.1705 


.1707 




.1801 - 


.1803 


.1901 




.1904 




.2001 - 


.2005 


.2007 - 


.2009 


.2101 




.2103 




.2201 - 


.2204 


.2704 - 


.2706 



10:16 
10:11 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:11 



NCR 21 11 
NCR 929 
NCR 211 
NCR 211 
NCR 211 
NCR 211 
NCR 211 
NCR 211 
NCR 211 
NCR 211 
NCR 929 



03/01/96 
12/01/95 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
03/01/96 
12/01/95 



01/01/96 



01/01/96 



PUBLIC EDUCATION 

16 NCAC 06A .0001 - .0002 



06B 


.0001 - 


.0002 




.0004- 


.0006 


06C 


.0101 
.0313 
.0401 




06D 


.0102 
.0104 
.0106 






.0301 - 


.0302 


06E 


.0101 - 

.0104 

.0202 


.0102 


06G 


.0301 - 


.0303 


06H 


.0001 






.0006 - 


.0008 



10:16 
10:16 
10:16 
10:15 
10:15 
10:17 
10:16 
10:16 
10:07 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 
10:16 



NCR 1997 
NCR 1997 
NCR 1997 
NCR 1565 
NCR 1565 
NCR 2229 
NCR 1997 
NCR 1997 
NCR 584 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 
NCR 1997 



04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 

04/01/96 
04/01/96 
11/01/95 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 
04/01/96 



11/15/95 Temporary Amendment Rule 



REAL ESTATE COMMISSION 

21 NCAC 58A .0104 10:16 NCR 2124 03/01/96 

.0107 10:16 NCR 2124 03/01/96 

.0110 10:02 NCR 157 07/01/95 

.0113 10:16 NCR2124 03/01/96 

.0302 10:16 NCR 2124 03/01/96 

.0401 - .0402 10:16 NCR 2124 03/01/96 

.0403 10:04 NCR 263 08/01/95 

.0502 10:16 NCR 2124 01/01/97 

.0503 10:04 NCR 263 08/01/95 

.0503-0506 10:16 NCR 2124 03/01/96 

.0504 - .0506 10:02 NCR 157 07/01/95 

.0505 10:04 NCR 263 08/01/95 

.0510 10:16 NCR 2124 03/01/96 

.0610 10:16 NCR 2124 03/01/96 

.1702 10:16 NCR 2124 03/01/96 

.1703 10:02 NCR 157 07/01/95 

.1707 -.1708 10:02 NCR 157 07/01/95 

.1708 10:16 NCR 2124 03/01/96 

.1710 -.1711 10:02 NCR 157 07/01/95 

.1711 10:16 NCR 2124 03/01/96 

58C .0104 10:16 NCR 2124 03/01/96 

.0305-0307 10:16 NCR 2124 03/01/96 

.0311 -.0312 10:16NCR2124 03/01/96 

58E .0103 10:02 NCR 157 07/01/95 

.0203 - .0204 10:02 NCR 157 07/01/95 

.0203 - .0204 10:16 NCR 2124 03/01/96 

.0302 - .0304 10:16 NCR 2124 03/01/96 

.0303 - .0305 10:02 NCR 157 07/01/95 

.0310 10:16 NCR2124 03/01/96 

.0406 - .0407 10:02 NCR 157 07/01/95 

.0406 - .0407 10:16 NCR 2124 03/01/96 

.0411 10:16 NCR 2124 03/01/96 



07/01/95 



08/01/95 

08/01/95 

07/01/95 
08/01/95 



07/01/95 
07/01/95 

07/01/95 



07/01/95 
07/01/95 



07/01/95 
07/01/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2679 



CUMULATIVE INDEX 



Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Information 


State 


Local 





.0503 




10:16 NCR 2124 


03/01/96 




.0506 




10:02 NCR 157 


07/01/95 




.0511 




10:16 NCR 2124 


03/01/96 




.0515 




10:02 NCR 157 


07/01/95 


REFRIGERATION EXAMINERS 






21 NCAC 60 


.0102 




10:04 NCR 264 


08/01/95 




.0105 




10:09 NCR 781 


11/01/95 




.0204 




10:04 NCR 264 


08/01/95 




.0314 




10:04 NCR 264 


08/01/95 




.1102 




10:04 NCR 264 


08/01/95 




.1103 




10:09 NCR 781 


11/01/95 


REVENUE 










Tax Review Board 






10:01 NCR 03 




Tax Review Board 






10:07 NCR 428 




Tax Review Board 






10:09 NCR 716 




Tax Review Board 






10:11 NCR 890 




Tax Review Board 






10:17 NCR 2224 




17 NCAC 01C 


.0504 
.0506 




10:20 NCR 2599 
10:20 NCR 2599 




09G 


.0102 




10:16 NCR 2006 


11/30/96 




.0104 - 


.0105 


10:16 NCR 2006 


11/30/96 




.0107 




10:16 NCR 2006 


11/30/96 




.0201 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0301 - 


.0304 


10:16 NCR 2006 


11/30/96 




.0306 




10:16 NCR 2006 


11/30/96 




.0402 - 


.0404 


10:16 NCR 2006 


11/30/96 




.0502 - 


0509 


10:16 NCR 2006 


11/30/96 




.0512 




10:16 NCR 2006 


11/30/96 




.0514 




10:16 NCR 2006 


11/30/96 




.0516 




10:16 NCR 2006 


11/30/96 


09H 


.0102 - 


.0103 


10:16 NCR 2006 


11/30/96 




.0105 




10:16 NCR 2006 


11/30/96 




.0202 - 


.0203 


10:16 NCR 2006 


11/30/96 




.0206 - 


.0210 


10:16 NCR 2006 


11/30/96 




0302 - 


.0303 


10:16 NCR 2006 


11/30/96 




.0305 - 


.0306 


10:16 NCR 2006 


11/30/96 




.0409 




10:16 NCR 2006 


11/30/96 


09K 


.0201 - 


.0206 


10:16 NCR 2006 


01/01/96 




.0401 




10:16 NCR 2006 


01/01/96 




.0501 - 


.0513 


10:16 NCR 2006 


01/01/96 




.0601 - 


.0602 


10:16 NCR 2006 


01/01/96 


09L 


.0301 - 


.0302 


10:16 NCR 2006 


01/01/96 




.0401 - 


.0404 


10:16 NCR 2006 


01/01/96 


SECRETARY OF STATE 






18 NCAC 04 


.0102 




10:15 NCR 1567 


02/01/96 




.0201 




10:15 NCR 1567 


02/01/96 




.0203 




10:15 NCR 1567 


02/01/96 




.0205 - 


.0206 


10:15 NCR 1567 


02/01/96 




.0302 - 


.0308 


10:15 NCR 1567 


02/01/96 




.0311 - 


.0314 


10:15 NCR 1567 


02/01/96 




.0316 - 


.0318 


10:15 NCR 1567 


02/01/96 




.0401 - 


.0402 


10:15 NCR 1567 


02/01/96 




.0501 - 


.0504 


10:15 NCR 1567 


02/01/96 


05 


.0101 




10:15 NCR 1573 


02/01/96 




.0203 - 


.0209 


10:15 NCR 1573 


02/01/96 




.0304 - 


.0305 


10:15 NCR 1573 


02/01/96 




.0404 




10:15 NCR 1573 


02/01/96 


06 


.1205 - 


.1206 


10:05 NCR 306 


09/01/95 




.1208 




10:05 NCR 306 


09/01/95 




.1302 - 


.1305 


10:05 NCR 306 


09/01/95 



07/01/95 
07/01/95 



08/01/95 
11/01/95 
08/01/95 
08/01/95 
08/01/95 
11/01/95 



12/20/95 
12/20/95 



Temporary Amend Erf. 12/20/95 
Temporary Amend Eff. 12/20/95 



2680 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



CUMULATIVE INDEX 



I 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 


Other Information 


State 




Local 







.1313 






.1402 






.1601 - 


.1602 




.1604 - 


.1605 




.1607 




07 


.0302 




09 







.0101 - .0108 

SOCIAL WORK, BOARD OF 

21 NCAC 63 .0306 



10:05 NCR 306 


10:11 NCR 906 


10:15 NCR 1575 


10:15 NCR 1575 


10:15 NCR 1575 


10:15 NCR 1578 


10:16 NCR 2015 


10:19 NCR 2480 


10:13 NCR 1185 



09/01/95 
12/01/95 
02/01/96 
02/01/96 
02/01/96 
02/01/96 
04/01/96 
04/01/96 



01/01/96 



Notice on Subject Matter 
Temporary Adoption Eff. 1/1/96 



SOIL SCIENTISTS, BOARD FOR LICENSING 

21 NCAC 69 10:19 NCR 2507 



Rule-Making Proceeding 



STATE PERSONNEL 










25 NCAC 01 B 


.0201 




10:16 NCR 2155 


02/01/96 




.0203 - 


.0207 


10:16 NCR 2155 


02/01/96 




.0213 




10:16 NCR 2155 


02/01/96 




.0414 




10:16 NCR 


2155 


02/01/96 




.0431 




10:16 NCR 


2155 


02/01/96 




.0437 - 


.0439 


10:16 NCR 2155 


02/01/96 


01C 


.0207 




10:04 NCR 


264 


08/01/95 




.0402 - 


.0408 


10:04 NCR 


264 


08/01/95 




.0412 




10:16 NCR 2155 


02/01/96 


01D 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0401 




10:12 NCR 


986 


12/01/95 




.0406 




10:12 NCR 


986 


12/01/95 




.0504 




10:12 NCR 


986 


12/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0510- 


.0511 


10:12 NCR 


986 


12/01/95 




.0515 




10:12 NCR 


986 


12/01/95 




.0520 




10:16 NCR 2155 


02/01/96 




.0808 




10:04 NCR 


264 


08/01/95 




.0910 




10:12 NCR 


986 


12/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1001 




10:12 NCR 


986 


12/01/95 




.1005 




10:12 NCR 


986 


12/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1009 - 


.1010 


10:12 NCR 


986 


12/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.1928 




10:12 NCR 


986 


12/01/95 




.2001 




10:04 NCR 


264 


08/01/95 




.2301 - 


.2305 


10:16 NCR 2155 


02/01/96 




.2601 - 


.2604 


10:12 NCR 


986 


12/01/95 


01E 


.0304 - 


.0305 


10:12 NCR 


986 


12/01/95 




.0804 




10:04 NCR 


264 


08/01/95 




.1001 - 


.1002 


10:12 NCR 


986 


12/01/95 




.1110 




10:12 NCR 


986 


12/01/95 




.1402 - 


.1411 


10:07 NCR 


588 


10/01/95 


01H 


.0628 




10:12 NCR 


986 


12/01/95 


011 


.2301 - 


.2310 


10:12 NCR 


986 


12/01/95 


01J 


.0401 - 


.0413 


10:12 NCR 


986 


12/01/95 




.0501 - 


.0511 


10:12 NCR 


986 


12/01/95 




.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610 - 


.0615 


10:07 NCR 


588 


10/01/95 



12/01/95 
12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 



12/01/95 

12/01/95 
12/01/95 

12/01/95 



12/01/95 
08/08/95 

12/01/95 
12/01/95 

12/01/95 
12/01/95 
10/01/95 
12/01/95 
12/01/95 
12/01/95 
12/01/95 
10/01/95 
10/01/95 
10/01/95 



10:20 



NORTH CAROLINA REGISTER 



January 16, 1996 



2681 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 





.0801 - 


.0809 


10:12 NCR 


986 


12/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 




.0318 




10:12 NCR 


986 


12/01/95 




.0701 - 


.0705 


10:12 NCR 


986 


12/01/95 




.0707 - 


.0708 


10:12 NCR 


986 


12/01/95 


OIL 


.0101 - 


.0106 


10:12 NCR 


986 


12/01/95 



12/01/95 

12/01/95 
12/01/95 
12/01/95 
12/02/95 



SUBSTANCE ABUSE PROFESSIONALS CERTIFICATION BOARD 

21 NCAC 68 10:18 NCR 2401 

.0501 - .0511 10:14 NCR 1382 02/01/96 

.0601 - .0610 10:14 NCR 1382 02/01/96 



Rule-Making Proceeding 



THERAPEUTIC RECREATION CERTIFICATION BOARD 



21 NCAC 65 


.0004 




10:16 NCR 2140 


02/01/96 




.0006 - 


.0007 


10:16 NCR 2140 


02/01/96 


TRANSPORTATION 








19A NCAC 02D 


.0415 




10:12 NCR 984 


12/31/95 




.0801 




10:04 NCR 254 


09/01/95 




.1101 - 


.1112 


10:16 NCR 2015 


03/01/96 


03 D 


.0517 




10:16 NCR 2020 


02/01/96 




.0549 




10:16 NCR 2020 


02/01/96 




.0551 - 


.0553 


10:16 NCR 2020 


02/01/96 


04A 


.0004 




10:10 NCR 829 


12/01/95 


06B 


.0401 - 


.0417 


10:16 NCR 2023 


03/01/96 


VETERINARY MEDICAL BOARD 






21 NCAC 66 


.0101 




10:16 NCR 2143 


04/01/96 




.0105 - 


.0106 


10:16 NCR 2143 


04/01/96 




.0108 




10:16 NCR 2143 


04/01/96 




.0201 - 


.0203 


10:16 NCR 2143 


04/01/96 




.0205 - 


.0210 


10:16 NCR 2143 


04/01/96 




.0301 




10:16 NCR 2143 


04/01/96 




.0303 - 


.0308 


10:16 NCR 2143 


04/01/96 




.0310 - 


.0311 


10:16 NCR 2143 


04/01/96 




.0601 




10:16 NCR 2143 


04/01/96 




.0606 




10:16 NCR 2143 


04/01/96 




.0703 




10:16 NCR 2143 


04/01/96 



01/01/96 
10/01/95 



12/01/95 



2682 



NORTH CAROLINA REGISTER 



January 15, 1996 



10:20 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 



ONE-TIME 

PURCHASE 

PRICE 



ANNUAL 

SUBSCRIPTION 

PRICE 



Title 1 - Depl. of Administration - Full Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 



Title 5 - Dept. of Corrections 

Division of Prisons 



Full Title 



Title 6 - Council of State - Full Title 

Title 7 - Dept. ot Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 



201 00 00 

201 10 05 

201 10 33 

202 00 00 

202 15 09 

202 1 5 34 
202 15 43 
202 15 48 

202 15 52 

203 00 00 

204 00 00 

204 15 02 
204 15 03 
204 15 06 
204 1 5 09 
204 15 10 

204 15 16 

205 00 00 

205 15 02 

206 00 00 

207 00 00 

208 00 00 



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